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Home My WebLink AboutSeptember 14, 2016 pickering.ca Committee of Adjustment Agenda Meeting Number: 11 Date: Wednesday, September 14, 2016 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email ldunne@pickering.ca Agenda Committee of Adjustment Wednesday, September 14, 2016 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from August 24, 2016 1-8 (III) Reports 1. P/CA 50/16 SR&R Bay Ridges (Plaza II) Bayly Street 9-13 2. P/CA 51/16 & P/CA 52/16 OSMI Homes 1969 & 1971 Woodview Avenue 14-19 (IV) Adjournment -C~()~ pJ(KERJNG Pending Adoption Present Tom Copeland-Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Melissa Markham, Secretary-Treasurer Lesley Dunne, Assistant Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room That the agenda for the Wednesday, August 24, 2016 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Denise Rundle Carried Unanimously That the minutes of the 9th meeting of the Committee of Adjustment held Wednesday, August 3, 2016 be adopted as amended. Carried Page 1 of 8. 1 2 -C~of PJ(KERJNG (Ill) Reports 1. (Deferred at the August 3, 2016) PICA 36/16 R. David 435 Foxwood Trail Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 6987/09, to recognize: • an existing accessory structure (Shed A) with height of 2.5 metres, setback 0.4 of a metre from the south lot line and 0.3 of a metre from the west lot line; whereas the by-law requires accessory structures, greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines , • an existing accessory structure (Shed B) with height of 2.5 metres, setback 0.4 of a metre from the south and east lot line; whereas the by-law requires 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 these variances in order to recognize the location of two existing accessory structures (sheds) in the rear yard. The Secretary-Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Robin & Lisa David, owners, and Luke Simonovski, general contractor, was present to represent the application. No further representation was present in favour of or in objection to the application. Robin & Lisa David explained that they have explored options with their contractor to bring the existing sheds into compliance with the Zoning By-law. They stated that they are not able to relocate the sheds or set back the walls any further from the property line without demolishing the sheds. Lisa David stated that eavestroughs could be installed with a downspout, which can be connected to the existing weeping tile around both sheds to deal with drainage concerns. In response to a question from a Committee Member, Robin David stated the weeping tiles are located around the sheds and the rear property lines. In response to questions from Committee Members, Luke Simonovski stated the sheds would have to be taken down in order to be relocated to comply with the Zoning By-law. He stated that eavestroughs and downspouts could be installed and connected to the existing weeping tiles to direct the drainage of rainwater. He also stated that any proposed eavestroughs would be maintained on the subject property. Page 2 of8 -C~of PJCKERJNG Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room A Committee Member stated that the issue of the shed setback is not just drainage, it is also the visual impact on the adjacent property. In response to a question of a Committee member the contractor stated that the height cannot be reduced. A Committee Member asked if the sheds could be relocated to 0.5 metres. The owner stated that if the sheds could be moved they would comply with the Zoning By-law. Moved by'Tom Copeland Seconded by Sean Wiley That application PICA 36/16 by R. David, be Refused on the grounds that the existing accessory structure (Shed A) with a height of 2.5 metres, setback 0.4 of a metre from the south lot line and 0.3 of a metre from the west lot line, and an existing accessory structure (Shed B) with a height of 2.5 metres, setback 0.4 of a metre from the south and east lot line, are major variances, that are 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. That application PICA 36/16 by R. David, be amended and Approved on the grounds that the existing accessory structure (Shed A) with a height of 2.5 metres, setback 0.6 of a metre from the south and west lot line, and an existing accessory structure (Shed B) with a height of 2.5 metres, setback 0.6 of a metre from the south and east lot line, 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 condition: 1. That the applicant obtain zoning compliance for the sheds, either through relocation or another alternative, by October 15, 2016. Vote Tom Copeland David Johnson Eric Newton Denise Rundle Sean Wiley in favour in favour in favour opposed in favour Carried Page 3 of 8 3 4 -C~o~ PJCKERJNG 2. PICA 45/16 OPB Realty Inc. 1809 Liverpool Road Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 5994/02 to permit a minimum building setback of 3.0 metres from Liverpool Road, whereas the by-law requires a minimum building setback of 9.0 metres. The applicant requests approval of this application in order to obtain Site Plan Approval and a building permit to construct a free standing commercial building for a restaurant use. 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 comments on the application. Written comments were also received from Region of Durham (Public Works Department) expressing no objection to the variance application. Jim Kotsopoulos, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Jim Kotsopoulos provided an overview of the proposed building, including the location of vehicular access. He stated that the building was brought closer to the Liverpool Road lot line to provide an improved pedestrian connection through the site. He stated that the City is drafting a new Zoning By-law for the City Centre lands, which include this property, and requires a minimum setback of 1.0 metre and a maximum setback of 4.0 metres. The proposed application complies with the draft zoning by-law. In response to a question from a Committee Member the agent stated that the Site Plan application is underway with the City and the owner can meet the timeframe as stated in the conditions. Page 4 of 8 -Cfit;·of- PJCKERJNG Moved by Denise Rundle Seconded by Eric Newton Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room That application PICA 45/16 by OPB Realty Inc., be Approved on the grounds that the minimum building setback of 3.0 metres from Liverpool Road, 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 apply only to the proposed building, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain Site Plan Approval for the proposed building by August 24, 2017, or this decision shall become null and void. 3. That the applicant obtain a building permit for the proposed construction by August 24, 2018, or this decision shall become null and void. Carried Unanimously 3. P/CA47/16 G. & K. Dennis 1738 Greenvale Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837/84 & 1964/85 to p~rmit a rear yard depth of 5.8 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a one-storey addition 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 comments on the application. William O'Neill, agent, and Glen & Karen Dennis, owners, were present to represent the application. Mike Sharp of 622 Springview Drive was present in objection to the application. In response to questions from Committee Members, William O'Neill stated the proposed one-storey addition is to accommodate a larger a kitchen. The addition will project approximately 5 feet from the existing dwelling. He stated that the exterior fac;ade will be brick, to match the existing dwelling. Page 5 of 8 5 6 -Cfit;of- PJCKERJNG Committee of Adjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room Mike Sharp indicated he lives directly behind the subject property and expressed concerns with the loss of privacy, decrease in property value and the reduction of open space. In response to a question from a Committee Member the agent stated that there is an existing window on the wall, where the addition is proposed. He stated that the kitchen is already in this location, this addition will just allow for a larger kitchen. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 47/16 by G. & K. Dennis, be Approved on the grounds that the minimum rear yard depth of 5.8 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 one-storey addition, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by August 24, 2017, or this decision shall become null and void. 3. That the applicant obtain zoning compliance for the existing shed, as generally sited and outlined on the applicant's submitted plans by February 24, 2017. 4. PICA 48116 & PICA 49116 A & G. Snyders 1885 Appleview Road Ca~ried Unanimously The applicant requests relief from Zoning By-law 3036, as amended, to permit a minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres; whereas the by-law requires a minimum lot frontage of 18.0 metres and a minimum side yard width of 1.8 metres. The applicant requests approval of these minor variance applications in order to create one additional lot through the Region of Durham Land Division Committee to permit the construction of a detached dwelling on both the retained and severed parcels. Page 6 of 8 -C~of PJ(KERJNG Committee of Adjustment Meeting Minutes VVednesday,August24,2016 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 also received from the City's Engineering & Public Works Department expressing no comments on the application. Albert Snyders, owner, was present to represent the application. Andrew Craig of 167 4 Heathside Crescent was present in objection to the application. Albert Snyders stated that he supported the staff report. Andrew Craig expressed concerns with water management, drainage and the removal of mature trees. In response to questions and concerns the Secretary-Treasurer explained that drainage and tree removal will be reviewed through the Land Division process. The owner stated that a Land Division application has been filed with the Region of Durham and will be heard at the September 19, 2016 meeting. Moved by Denise Rundle Seconded by Eric Newton That applications PICA 48116 & PICA 49116 by A. & G. Snyders, be Approved on the grounds that the minimum lot frontage of 15.2 metres and a minimum side yard width of 1.5 metres, are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent-and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed lot configuration, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtains final clearance for a future land severance by February 24, 2018, or this decision shall become null and void 3. That the applicant obtain building permits for the proposed construction by August 24, 2018, or this decision affecting the reduced side yard widths shall become null and void. Carried Unanimously Page 7 of 8 7 8 -Cdp;of- PJCKERlNG (IV) Adjournment Moved by Tom Copeland Seconded by Sean Wiley Committee ofAdjustment Meeting Minutes VVednesday,August24,2016 7:00pm Main Committee Room That the 10th meeting of the 2016 Committee of Adjustment be adjourned at 7:57 pm and the next meeting of the Committee of Adjustment be held on Wednesday, September 14, 2016. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 8 of 8 From: Subject: Application 9 Report to Committee of Adjustment Melissa Markham, MCIP, RPP Principal Planner-Development Review Application Number: PICA 50116 Date: September 14, 2016 Committee of Adjustment Application PICA 50116 SR&R Bay Ridges (Plaza II) Ltd. Bayly Street The applicant requests relief from Zoning By-law 2520, as amended by By-laws 6705106, 6786107 and 7006109 to permit a maximum of 777 units, whereas the by-law requires the lands designated "RHIMU-2", "SA-LW", SA-8", "MD-H6" be developed at a density of over 140 units per net hectare and up to including 225 units per net hectare up to a maximum of 760 units. The applicant requests approval of this variance in order to obtain Site Plan Approval to permit the development of a 25-storey apartment building containing 231 units and a 3-storey building containing 22 stacked units along Bayly Street. Recommendation The City Development Department considers a maximum of 777 units 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 condition: 1. That the applicant obtain Site Plan Approval for the proposed development by March 9, 2017, or this decision shall become null and void. Previous Minor Variance Applications On March 9, 2016 and July 13, 2016, the Committee of Adjustment approved previous minor variance applications PICA 11116 and PICA 40/16 for the subject lands, in order to obtain Site Plan Approval for a 23-storey apartment building containing 214 .units and a 3-storey building containing 22 stacked units along Bayly Street. The previous minor variance applications were approved to deal with the location of the buildings within the current phase of development. 1 O Report PICA 50/16 Comments Official Plan September 14, 2016 Page 2 The Official Plan designates the subject lands as Mixed Use Areas -Mixed Corridors within the Bay Ridges Neighbourhood. Mixed Use Areas are areas and corridors of development having the highest concentration of activity in the City and the broadest diversity of community services and facilities. This designation permits a broad range of residential, retail, office and community, cultural and recreational uses. The minimum and maximum net residential density for lands within the Mixed Corridors is over 30 and up to an including 140 dwellings per hectare. In January 2010, a site specific Official Plan Amendment was approved for the subject lands to increase the maximum net residential density to 225 dwellings per hectare. This amendment was approved as the subject lands were identified as having significant potential for intensification with locational attributes to accommodate higher densities. Specifically, the locational attributes include being situated within walking distance of both higher order and local transit, on the edge of an existing community, on the edge of an urban growth centre, adjacent to open space and adjacent to an arterial road/rail/highway corridor. Zoning By-law The lands subject to this application are zoned "RH/MU-2" -Multi Residential/Mixed Us'e, "SA-LW"-Single Attached-Live Work, "SA-8"-Single Attached, "MD-H6"-Multiple Dwelling- Horizontal in Zoning By-law 2520, as amended by By-laws 6705/06, 6786/07 and 7006/09. The portion of the subject lands within the current phase of development are zoned "(H)RH/MU-2", which permits a variety of office, residential, restaurant and retail uses including multiple-dwelling horizontal and multiple-dwelling vertical uses. A site specific Zoning By-law Amendment (By-law 7006/09) was enacted to implement the official plan amendment, which requires the lands designated "RH/MU-2", "SA-LW", SA-8", "MD-H6" be developed at a density of over 140 units per net hectare and up to including 225 units per net hectare up to a maximum of 760 units. Appropriateness of the Application Requested variance to increase the number of residential units • the applicant is proposing to increase the 23-storey apartment building to 25-storeys to allow for an additional 17 units • as a result of the additional units, the applicant is requesting to increase the maximum number of units for the overall project to 777 units, which is a density of 230 units per net hectare · Report PICA 50/16 . 11 September 14, 2016 Page 3 • the additional 17 dwelling units represents an overall density increase of approximately 2.2 percent, which is a marginal increase in the residential density over the entire development project • the two additional storeys will not adversely impact the surrounding lands, as the additional height is permitted in the existing site specific zoning by-law • the additional 17 residential units will not have any impact on existing municipal services, community facilities or road infrastructure • sufficient on-site parking for residential and visitors is being provided to accommodate the additional 17 residential units • staff is of the opinion that the increase in the number of residential units to 777 is appropriate for the development of the lands as it further intensifies a site in an area with sufficient municipal services and access to a significant transportation corridor and regional transit • the requested variance is minor in nature, desirable for the appropriate development of the land and maintains the intent of the Zoning By-law and Official Plan Input From Other Sources Engineering & Public Works Department • no objection to application Legal Services Section • no objection to application Date of report: September 8, 2016 Comments prepared by: / Melissa Markham, MCIP, RPP Nilesh Surti, MCIP, RPP Principal Planner-Development Review Manager, Development Review & Urban Design MM:NS:Id J:\Documents\Development\D-3700\2016\PCA 50-16\Report\PCA 50-16.docx Attachments 1 2 FRENCHMAN'S BAY ST. MARTIN'S ANGLICAN CHURCH Location Map PARK --Olpt>/-- PICKERING FILE No:P/CA 50/16 APPLICANT: SR&R Bay Ridges (Plaza II) Ltd. I 1--1--1-- - -- PROPERTY DESCRIPTION: Plan M16 Pt. Blk Y Now RP 40R25170 Part 14, 15, 16 City Development Department (1235 Bayly Street) .:.,...,Ctoporolooo1flo0i)'oi--Prnduoo~(loport).._tc.>Mfran. C.Oueooof'MIO<,O...-I.ItYWy<>INol\niR--... .. AIOghll""""'""; CH.-Moj0Siylho0ut.,O.'IIghlofCWit4a0epl<lmoni<JIN_R __ /ol.nglto-; C>TCDM!E,._ttlfl<andh., IOI'IaiO!IIIIO<........,O:C"' al~ ... nnomon!Co Q...,O!Kih dogl<o-.TliiSISioi()TA,I'\ANOFSJRVE'l'. DATE: Aug 22, 2016 SCALE 1 :5000 PN-2 - ~ c ~ PJ ( K E R J N G Ci t y De v e l o p m e n t De p a r t m e n t Ba y l y St r e e t ~ ,, ~.·~· . . . . . g~- - - 8~ $8_ ,!j' ! l _ ;;j~ · J~: 8~ Su b m i t t e d Si t e Pl a n - Po r t i o n of Su b j e c t La n d s FI L E No : P/ C A 50 / 1 6 AP P L I C A N T : SR & R Ba y Ri d g e s (P l a z a II ) Lt d . to permit a maximum of 777 units ~ . 1. 1 1, J location where additional ..... . . _ _ /; I r 1 17 units are being 1' PR O P E R T Y DE S C R I P T I O N : Pl a n M1 6 Pt . Bl k Y No w RP 40 R 2 5 1 7 0 Pa r t 14 , 15 , 16 (1 2 3 5 B a y ~ l y ~ S ~ t r ~ e ~ e t ~ ) - - ~ ~ - - ~ = = ~ ~ = = ~ - - - - - - - - - - - - - - - - - - - - - - - - - r - - ~ - - ~ ~ 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 VI E W I N G AT TH E CIT Y OF PI C K E R I N G DATE: August 31, 201 CI T Y DE V E L O P M E N T DE P A R T M E N T . 14 J -Ctf:lo(J-Report to Committee of Adjustment PJCKERJNG From: Subject: Application Melissa Markham, MCIP, RPP Application Numbers: PICA 51116 & PICA 52116 Date: September 14, 2016 Principal Planner-Development Review Committee of Adjustment Applications PICA 51116 & PICA 52116 OSMI Homes 1969 & 1971 Woodview Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 7389114, to permit a maximum building height of 11.0 metres, whereas the by-law permits a maximum building height of 9.0 metres. The applicant requests approval of these variances in order to obtain building permits to construct a detached dwelling on each property. Recommendation (PICA 51116 & PICA 52116) The City Development Department considers a maximum building height of 11.0 metres to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That these variances apply only to the proposed detached dwellings at 1969 and 1971 Woodview Avenue, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain building permits for the proposed construction by September 14, 2018, or this decision shall become null and void. Background On February 23, 2015, the Region of Durham Land Division Committee approved LD 022115 & LD 023115, which created two residential parcels fronting Woodview Avenue and one parcel to be conveyed to the Toronto and Region Conservation Authority (TRCA). The subject properties are in an area regulated by TRCA, therefore a permit is required prior to any development taking place. Through a review of the applicants proposal, the TRCA identified that the properties are in an area where the groundwater table is at or close to surface. As a result of the TRCA comments, the applicant has revised their plans to raise the basement partially above grade to accommodate the high water table. Report PICA 5_1116 & PICA 52116 Comment Official Plan and Zoning By-law September 14, 2016 15 Page 2 Pickering Official Plan -"Urban Residential -Low Density Areas" within the Rouge Park Neighbourhood. Zoning By-law 3036, as amended by By-law 7389114-"R3-9"-Residential Third Density Zone Appropriateness of the Application Maximum Building Height Variance • the intent oUhe maximum building height of 9.0 metres is to minimize the visual impact of new development on the existing streetscape and ensure that new development is compatible with the surrounding residential neighbourhood • the applicant has requested a variance to increase the maximum height of the proposed dwellings to 11.0 metres in order to raise the basement partially above grade to accommodate a high water table identified by the TRCA • the existing height and built form along Woodview Avenue and the surrounding area ranges from 9.0 to 11.0 metres • ·the increase in height of the proposed dwellings will not have any negative impacts on the adjacent properties as the dwelling is required to be setback a minimum of 3.0 metres from the property to the north, and the surrounding lands to the south and east are under the ownership of the TRCA and will not be developed • the proposed height of the dwellings will not alter the character of the neighbourhood or have a negative impact on the existing streetscape . • the proposed dwellings are compatible with the surrounding residential neighbourhood • the requested variance is minor in nature, desirable for the appropriate development of the land and maintains the purpose and intent of the Official Plan and Zoning By-law Input From Other Sources Engineering & Public Works Department • no comments on the application Toronto and Region Conservation Authority • no objection to the application Date of report: September 8, 2016 Melissa Markham, MCIP, RPP Principal Planner-Development Review CM:MM:Id J:\Documents\Development\D-3700\2016\PCA 51-16 & PCA 52-16\Report\PCA 51-16 & PCA 52-16 Report.docx Attachments 16 \ w C.P.R. ~ 1-~ -1-- -~~v ll.J ~ ~~ - ~~ IV-'"WRE~ II ~ . 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