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HomeMy WebLinkAboutFebruary 15, 2017 pickering.ca Committee of Adjustment Agenda Meeting Number: 2 Date: Wednesday, February 15, 2017 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, February 15, 2017 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from January 25, 2017 1-12 (III) Reports 1. (Deferred from the January 25, 2017 meeting) P/CA 02/17 P. & L. Gonsalves 970 Rambleberry Avenue 13-17 2. P/CA 11/17 B. Gairey 538 West Shore Boulevard 18-21 3. P/CA 12/17 K. Ngo 862 Fairview Avenue 22-26 (IV) Adjournment -...,.--04; bf- P1CKER1NG Pending Adoption Present Tom Copeland-Vice-Chair David Johnson -Chair Eric Newton Sean Wiley Also Present Ross Pym, Principal Planner-Strategic Initiatives Lesley Dunne, Assistant Secretary-Treasurer Absent Denise Rundle (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland Committee of Adjustment 1 Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room That the agenda for the Wednesday, January 25, 2017 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried Unanimously That the minutes of the 15th meeting of.the Committee of Adjustment held Wednesday, December 7, 2016 be adopted. Carried Unanimously Page 1 of 12 2 Cd;;bf- P1CKER1NG (Ill) Reports 1. PICA 53/16 B. Bremmers 2057 Blue Ridge Crescent Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended ~y By-law 2015/85: • to permit a minimum rear yard depth of 7.1 metres, whereas the by-law requires a minimum rear yard depth of 7.5 metres • to permit a minimum east side yard width of 0.0 metres, whereas the by-law requires a minimum interior side yard width of 1.2 metres • to permit a maximum lot coverage of 41 percent, whereas the by-law permits a maximum lot coverage of 40 percent The applicant requests approval of these variances in order to obtain a building permit to construct a single-storey addition in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending refusal. The Principal Planner- Strategic Initiatives also outlined if the applicant were to amend the application to allow an east side yard width of 0.6 metres, staff recommendation would be approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from the residents at 1510 Bentley Lane in objection to the application, expressing concerns with the obstruction of view, noise pollution and a decrease in property value. Bart Bremmers, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. · Bart Bremmers stated there are other properties in the surrounding neighbourhood that ·have 0.0 metre setbacks to the property line. He stated by amending the east side yard width to 0.6 metres would not, in his opinion, have any benefit for maintenance, lot grading and drainage. Bart Bremmers stated the 0.0 metre setback is preferred, however, he would amend the application to 0.6 metres in order to receive an_approval. In response to a question from a Committee Member, the Principal Planner-Strategic Initiatives provided the intent of the minimum side yard width within the Zoning By-·law. Page 2 of 12 4 ~b~- PJCKERlNG Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room 1. That this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously 3. PICA 02117 P. & L. Gonsalves 970 Rambleberry Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998185 to recognize an existing second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height above grade to project 4.5 metres into the required rear yard and to permit a platform (deck) not exceeding 0.8 of a metre in height of above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law permits, uncovered steps 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, and obtain a building permit for a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the I City Development Department recommending refusal for the proposed platform (deck) and recommending approval for the existing second-storey balcony and associated steps subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Peter Gonsalves, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Peter Gonsalves stated a gabion wall was installed by the builder approximately six feet away from the property line. He also provided pictures for the Committee Members to review and stated the deck will allow better use of the rear yard. In response to a question from a Committee Member, Peter Gonsalves stated the deck extends further into the rear yard beyond the gabion wall. Moved by Tom Copeland Seconded by Eric Newton That application PICA 02117 by P. & L. Gonsalves, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to visit the subject property. Carried Unanimously Page 4 of 12 -Cdt;oJ- PJCKERJNG 4. PICA 03/17 Ansar Medical Services Inc. 2177 & 2185 Brock Road Committee of Adjustment 5 Meeting Minutes VVednesday,January25,2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 7124/11, to permit balconies to project a maximum of 1.5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124/11; whereas the by-law requires that all buildings and structures be located entirely within the building envelope as illustrated on Schedule II to By-law 7124111. The applicant requests approval of this variance in order to obtain Site Plan Approval for a 5-storey mixed-use building, including ground floor commercial uses and 48 residential units. The Principal Planner -Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were received from the City's Site Plan Committee expressing no objections to the application. Written comments were also received from Toronto and Region Conservation Authority expressing no objections to the application. Mohammed Jalaluddin, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Mohammed Jalaluddin agrees with staff. recommendations. In response to a question from a Committee Member, Mohammed Jalaluddin stated the balconies are for · residential units and will be fully functional. Moved by Eric Newton Seconded by Tom Copeland That application PICA 03117 by Ansar Medisal Services Inc., be Approved on the grounds that the balconies projecting a maximum of 1.5 metres beyond the south and west limits of the building envelope as illustrated on Schedule II to By-law 7124111, 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 a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously . Page 5 of 12 6 ~()~- PlCKERlNG 5. PICA 04117 S. & M. Shipton 3305 Eighth Concession Road Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from the following provisions of Zoning By-law 3037, as amended by By-law 6577105: • to permit an agricultural-related machine shop use accessory to an agricultural operation; whereas the by-law does not permit an agricultural-related machine shop • to recognize a minimum lot frontage of 142.7 metres; whereas the by-law requires a minimum lot frontage of 150 metres The applicant requests approval of these variances in order to permit an existing agricultural-related machine shop for the repair of agricultural equipment and agricultural related vehicles. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments were also received from Central Lake Ontario Conservation Authority (CLOCA) indicating no objections to the requested variance, the lands are subject to Ontario Regulation 42106, and written permission from the Authority is required prior to any new development on the site. Stephen Shipton, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Stephen Shipton agrees with staff recommendations. In response to questions from Committee Members, Stephen Shipton stated the machine shop is to repair equipment for local farmers and has been operating since 2010. Moved by Sean Wiley Seconded by Tom Copeland That application PICA 04117 by S. & M. Shipton, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the lands, 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 only one agricultural-related machine shop accessory to an agricultural operation shall be permitted within a wholly enclosed building having a total gross floor area of 190 square metres. Carried Unanimously Page 6 of 12 -.af;;{Jf- P1CKER1NG 6. PICA 05117 R. Moore & B. Silver 860 Vicki Drive Committee of Adjustment 7 Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The ~pplicant requests relief from Zoning By-Jaw 2520, as amended, to permit uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade to project a maximum of 3.3 metres into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Randy Moore, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. A Committee Member provided clarification to the applicant on the maximum projection of 3.3 metres into the required rear yard even though the deck will be 3.6 metres. Moved by Tom Copeland Seconded by Eric Newton That application PICA 05117 by R. Moore & B. Silver, be Approved on the grounds that the uncovered steps and a platform (deck) not exceeding 0.7 metres in height above grade projecting a maximum of 3.3 metres into the required rear yard, is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carri~d Unanimously Page 7 of 12 8 Cd;;bi- PJCKERlNG 7. PICA 07117 C. Rudderham & K. Sutherland 937 Duncannon Drive Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room The applicant requests relief from Zoning By-law 3036, as amended by By-law 2917188, to permit uncovered steps and a platform (deck) not exceeding 2.6 metres in height above grade to project a maximum of 2.7 metres into the required rear yard; whereas the by-Jaw 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. The applicant requests approval of this variance in order to obtain a building permit to construct a deck in the rear yard. The Principal Planner-Strategic Initiatives outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Cory Rudderham and Karen Sutherland, applicants, were present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Sean Wiley That application PICA 07117 by C. Rudderham & K. Sutherland, be Approved on the grounds that the uncovered steps and a platform (deck) not exceeding 2.6 metres in height above grade projecting a maximum of 2. 7 metres into the required rear yard, 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, subject to the following conditions: 1. That this variance apply only to the proposed uncovered steps and platform (deck), as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by January 25, 2018, or this decision shall become null and void. Carried Unanimously Page 8 of 12 10 ~()f-- PJCKERJNG Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room Correspondence received from the residents of 17 48 Fairport Road expressed several concerns such as the requested variance does not reflect the current characteristics of Fairport Road, particularly Lot 4 to be accessed by a private driveway; Lot 4 (PICA 1 0117) would not enhance or be a part of the community, and questioned how emergency services would access the dwelling. Correspondence received from the residents of 1727, 1731and 1725 Spruce Hill Road expressed several concerns such as the rear yard depth; loss of privacy; potential shadowing; impact on views; lot coverage not compatible with surrounding properties; Lot 4 (PICA 1 0117) would result in an increase in noise level, which will affect the enjoyment of property; and the loss of mature trees. Thomas Melymuk, agent, was present to represent the application. Edyta Dhillon of 17 46. Fairport Road, Penelope Lee of 1731 Spruce Hill and Aby Siva of 1727 Spruce Hill Road were present in objection to the applications. Thomas Melymuk stated that application PICA 10117 (proposed Lot 4) has been withdrawn and there will only be three lots fronting Fairport Road instead of four. In response to a question from a Committee Member, Thomas Melymuk stated the applicant may distribute the 4.5 metres lot frontage from the withdrawn application to the other three lots, making lot frontages of approximately 16.6 metres. Edyta Dhillon expressed a concern with the loss of mature trees, loss of privacy and drainage. Edyta Dhillon also spoke to the correspondence that was previously submitted in opposition to the application. Penelope Lee and Aby Siva both stated since the application for the proposed Lot 4 (PICA 1 0117) has been withdrawn there are no further concerns. Moved by Sean Wiley Seconded by Eric Newton That application PICA 06117 by Pickering Developments (Squires) Inc., be Approved on the grounds that the requested variances 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 applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a .building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. Page 10 of 12 -Cif;jof- PJCKERJNG Committee of Adjustment 11 Meeting Minutes Wednesday, January 25, 2017 · 7:00pm Main Committee Room That application PICA 08117 by Pickering Developments (Squires) Inc., be Approved on the grounds that the requested variances 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 applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void. That application PICA 09117 by Pickering Developments (Squires) Inc., be Approved on the grounds that the requested variances 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 applicant obtains final clearance for future land severance applications by January 25, 2018, or this decision shall become null and void. 2. That the applicant obtain a building permit for the proposed dwellings by January 25, 2019, or this decision shall become null and void .. (IV) Appointment of Secretary-Treasurer Moved by David Johnson Seconded by Eric Newton Carried Unanimously That Ross Pym be appointed as Secretary-Treasurer. Carried Unanimously Page 11 of 12 12 ~[Jf-- P1CKER1NG (V) Adjournment Moved by Tom Copeland Seconded by Eric Newton Committee of Adjustment Meeting Minutes Wednesday, January 25, 2017 7:00pm Main Committee Room That the 1st meeting of the 2017 Committee of Adjustment be adjourned at 7:54 pm and the next meeting of the Committee of Adjustment be held on Wednesday, February 15, 2017. Carried Unanimously Date Chair Assistant Secretary-Treasurer Page 12 of 12 -C~(}~­ pJ(KERJNG From: Melissa Markham, MCIP, RPP 13 -Report to Committee of Adju~tment · Application Number: PICA 02117 Date: January 25, 2017 Principal Planner-Development Review Subject: Application Committee of Adjustment Application PICA 02117 P. & L. Gonsalves 970 Rambleberry Avenue The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998185 to recognize an existing second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height above grade to project 4.5 metres into the required rear yard and to permit a platform (deck) not exceeding 0.8 of a metre in height of above grade to project a maximum of 6.1 metres into the required rear yard, wher~as the by-law permits, uncovered steps 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, and obtain a building permit for a deck in the rear yard. Recommendation The City Development Department considers a second-storey uncovered balcony and associated steps not exceeding 2.5 metres in height projecting a maximum of 4.5 metres into the required rear yard to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variance, subject to the following conditions: 1. That this apply only to the existing second-storey balcony and associated steps, as generally sited and outlined on the app_licant's submitted plans·. and The .City Development Department considers a platform (deck) not exceeding 0.8 of a metre in height of above grade projecting a maximum of 6.1 metres into the required rear yard, 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. I 1 ~eport PICA 02/17 Comment Official Plan and Zoning By-law January 25, 2017 Page 2 Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the Liverpool Neighbourhood Zoning By-law 3036, as amended by By-law 1998/85 -"S2" ~ Single Residential Appropriateness of the Application · Uncovered Balcony and Associated Steps Projection into the Required Rear Yard Variance • · the intent of this provision is to ensure an adequate outdoor private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage . • the by-law permits uncovered platforms and steps not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard • the applicant is requesting an uncovered platform (balcony) and associated steps not exceeding 2.5 metres in height above. grade to project a maximum of 4.5 metres into the required rear yard • the uncovered balcony and associated steps were constructed approximately 20 years ago . • the existing balcony projects 3.5 metres into the required rear yard, while the stairs project an additional 1.0 metre, for a total projection of 4.5 metres • the existing balcony maintains the required south and north side yard setback requirements and is setback 3.1 metres from the rear lot line • ·the existing balcony offers additional outdoor amenity area for the dwelling and will continue· to allow an adequate amount of soft landscaped space to be provide at grade in the rear yard . • staff are of the opinion that the existing uncovered balcony and associated steps ~re sufficiently setback from all property lines and do not negatively impact abutting property owners • the requested variance is minor in nature and maintains the intent of the Official Plan and Zoning By-law and desirable for the appropriate development of the land Deck Projecting into the Requir~d Rear Yard Variance • the intent of this provision is to ensure an adequate outdoor private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy. of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law permits uncovered platforms and steps not exceeding ·1.0 metre in height above grade to project a maximum of 1 .5 metres into the required rear yard • the applicant is requesting an uncovered platform (deck) not exceeding 0.8 metres in height above grade to project 6.1 metres into the required rear yard 22 ~t)~-- P1CKER1NG From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 12117 Date: February 15, 2017 Manager, Development Review & Urban Design Subject: Application Committee of Adjustment Application PICA 12117 K.Ngo 862 Fairview Avenue · The applicant requests relief from the following provisions of Zoning By-law 2520, as amended: • to permit a minimum frontyard depth of 4.6 metres; whereas the by-law requires a minimum front yard depth of 7.6 metres -. • to permit a minimum flankage yard depth of 6.6 metres; whereas the by-law requires a minimum flankage yard depth of 7.6 metres • to recognize an existing uncovered platform and steps (deck) 0.6 metres in height above grade to project a maximum of 3.5 metres into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard The applicant requests approval of these variances in order to obtain a building permit to construct an addition to the existing detached dwelling ano to recognize an existing deck within the rear yard. Recommendation The City Development Department considers the requested variances 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 the applicant obtain a building permit for the proposed construction by February 15, 2018, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Bay Ridges · Neighbourhood. Zoning By-law 2520, as amended-"RM1"-Multiple Family Dwelling First Density Zone Report PICA 12/17 February 15, 2017 23 Page 2 Appropriateness of the Application Reduced Front Yard Depth and Reduced Flankage Yard Depth Variances • the intent of a minimum front yard depth and a minimum flankag-e yard depth is to ensure than an adequate landscaped area, parking area, and separation distance is provided between the dwelling and the adjacent streets • the applicant is proposing a single storey addition (expansion to the existing garage) with a roof top patio within the front yard and a second storey addition within the flankage yard • the applicant has requested variances to reduce the minimum front yard depth from 7.6 metres to 4.6 metres, and reduce the minimum flankage yard depth from 7.6 metres to 6.6 metres • the main entrance and driveway access is along the flankage yard abutting Fairview Avenue • the proposed flankage yard depth and front yard depth will provide for an adequate landscaped area and building setbacks between the dwelling and the abutting streets • an appropriate building setback is provided between the garage and the lot line along Fairview Avenue to accommodate vehicular parking on the driveway • the proposed additions will not obstruct the streetview of abutting property owners Uncovered Steps and Platform (Deck) Projecting into the Required Rear Yard Variance • the intent of this provision is. to ensure an adequate amenity space is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners and allow appropriate access for maintenance, lot grading and drainage • the by-law does not permit uncovered steps or platforms to project into the required rear yard • the applicant is proposing to maintain the existing deck and associated steps projecting into the required rear yard; the deck is 5.8 metres in depth, however only 3.5 metres of the deck projects into the required rear yard (7.6 metres) • the existing deck is be setback 4.1 metres from the rear lot line, providing an adequate buffer space between the deck and the rear lot line as well as from abutting prop·erty owners • there does not appear to be any adverse impacts on adjacent neighbours due to the existing deck • the existing deck provides for additional outdoor amenity area and maintains an adequate a.mount of soft landscaped area in the rear yard Staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the lands, and maintains the intent and purpose of the Official Plan and Zoning By-law.