The URL can be used to link to this page

Home My WebLink AboutMarch 8, 2017 pickering.ca Committee of Adjustment Agenda Meeting Number: 3 Date: Wednesday, March 8, 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 -C~()f--.. p](KERJNG Pending Adoption Present Tom Copeland-Vice-Chair David Johnson -Chair Eric Newton Denise Rundle Sean Wiley Also Present Committee of Adjustment 1 Meeting Minutes Wednesday, February 15, 2017 7:01 pm Council Chambers Nilesh Surti, Manager, Development Review & Urban Design Lesley Dunne, Assistant Secretary-Treasurer Absent Ross Pym, Secretary-Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, February 15, 2017 meeting be adopted. (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland Carried· Unanimously That the minutes of the 1st meeting of the Committee of Adjustment held Wednesday, January 25, 2-017 be adopted. Carried Unanimously Page 1 of 6 2 -~c/ PJCKERJNG (Ill) Reports 1. (Deferred at the January 25, 2017 meeting) PICA 02117 P. & L. Gonsalves 970 Rambleberry Avenue Committee of Adjustment Meeting Minutes Wednesday, February 15, 2017 7:01pm Council Chambers 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 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 Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending refusal for the proposed platform (deck) and recommending approvalfor the existing second-storey balcony and associated steps subject to conditions. 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 the Committee Members conducted a site visit since the last meeting and there was nothing further to add in support of the application. In response to a question from a Committee Member, Peter Gonsalves agreed to construct a privacy fence on the rear of the platform (deck) .. In response to a question from a Committee Member, the Manager, Development Review & Urban Design stated the shed in its current location does not require a variance as it complies with the zoning by-law. Moved by Eric Newton Seconded by Tom Copeland That application PICA 02117 be split and dealt with as two separate motions. Carried Page 2 of6 -0%~1- PICKERING Motion #1 Moved by Eric Newton Seconded by Sean Wiley Committee of Adjustment 3 Meeting Minutes Wednesday, February 15, 2017 7:01 pm Council Chambers That application PICA 02117 by P. & L. Gonsalves, be Approved on the grounds that the 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, subject to the following condition: 1 . That this variance only apply to the existing second-storey balcony and associated steps, as generally sited and outlined on the applicant's submitted plans .. Motion #2 Moved by Eric Newton Seconded by Sean Wiley Carried That application PICA 02117 by P. & L. Gonsalves, be Approved on the grounds that the platform (deck) not exceeding 0.8 of a metre in height above grade projecting a maximum of 6.1 metres into the required rear yard, are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Zoning By-law, subject to the following conditions: 1 . That the applicant constructs a privacy fence on the rear of the proposed platform (deck). · 2. That the applicant obtain a building p~rmit for the proposed construction by January. 25, 2018, or this decision shall become null and void. Vote Tom Copeland David Johnson Eric Newton Sean Wiley opposed opposed in favour in favour Motion Defeated Page 3 of 6 4 -04of- PJCKERJNG 2. PICA 11117 B. Gairey 538 West Shore Boulevard Committee of Adjustment Meeting Minutes Wednesday, February 15, 2017 7:01pm Council Chambers The applicant requests relief from Zoning By-law 2511, as amended: • to recognize an existing lot frontage of 12.1 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum side yard width of 1.2 metres; whereas the by-law requires a min-imum side yard width of 1.5 metres, where a garage is erected as part of a detached dwelling • to permit a minimum front yard depth of 5.8 metres; whereas the by-law requires a minimum front yard depth of 7.5 metres The applicant requests approval of this minor variance application in order to obtain a building permit to construct a two-storey detached dwelling. The Manager, Development Review & Urban Design outlined the staff recommendation from the City Development Department recommending deferral. I . Peter Jaruczik, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Moved by Eric Newton Seconded by Denise Rundle That application PICA 11117 by B. Gairey, be Deferred until the next Committee of Adjustment meeting, March 8, 2017, provided the applicant complies with the notice requirements under the Planning Act. Carried Unanimously Page 4 of6 6 -Cdff()/- p](KERlNG Committee of Adjustment Meeting Minutes Wednesday,'-February 15, 2017 7:01 pm Council Chambers Moved by Denise Rundle Seconded by Tom Copeland That application PICA 12/17 by K. Ngo, 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 condition:. 1 . That the applicant obtain a building permit for the proposed construction by February 15, 2018, or this decision shall become null and void. · 2. That the minimum flankage yard depth of 6.6 metres apply only to the proposed second-storey addition. Carried Unanimou~ly (IV) Adjournment Date Chair Moved by Eric Newton Seconded by Denise Rundle That the 2nd meeting of the 2017 Committee of Adjustment be adjourned at 7:21 pm and the next meeting of the Committee of Adjustment be held on Wednesday, March 8, 2017. Carried Unanimously Assistant Secretary-Treasurer Page 6 of6 -Cf4·oJ- PJC.KERJNG From: . Melissa Markham, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 02/17 · -Date: January:25, 2017· Principal Planner-Development Review Subject: Committee of Adjustment Application P/CA 02/17 P. & L. Gonsalves · 970 Ramble berry Avenue Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85 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. 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 applicant'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. · 7 8 Report 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 . Appropriatene,ss 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 dratnage • the by-law pertnits 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 ry~etres 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 balcdny 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 are 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 ------------·---·----- Report PICA 11/17 March 8, 2017 13 Page2 On February 24, 2017, City staff met with the owner to discuss the proposal and whether the requested variances could be revised to address concerns received by an area resident and to ensure the proposed dwelling is in keeping with the· established building setbacks within the neighbourhood. On March 1, 2017, the owner submitted a revised plan increasing the minimum front yard setback from 5.8 metres to 9.3 metres and increasing the north side yard width from 1.2 metres to 1.5 metres. As a result of the proposed changes, the requested variances to reduce the minimum front yard depth and the minimum north side yard width are no longer required. The owner is only requesting variances to recognize the existing lot frontage and a reduce south side yard width. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential Areas -Low Density Areas" within the West Shore Neighbourhood Zoning By-law 2511, as amended~ "R4"-Fourth Density Residential Zone Appropriateness of the Application Lot Frontage and South Side Yard Width Variances • . the general intent of performance standards in a Zoning By-law is to regulate development in order to ensure compatibility with the pattern of development in the area and to maintain the character of the neighbourhood • the Zoning By-law requires a minimum lot frontage of 15.0 metres _ • the Zoning By-law also requires a minimum side yard width of 1.5 metres on one side and 2.4 metres on the other side, however where a garage is erected as-part of the dwelling, a minimum side yard width of 1.5 metres is required on both sides • the subject lands were created in 1925 prior to the enactment of Zoning By-law 2511 on January 3, 1963 • · the existing dwelling (bungalow) was constructed in its current location in 1932, and will be demolished and replaced with a new detached dwelling • the applicant has requested variances to recognize the existing lot frontage, and to permit a minimum south side yard width of 1.2 metres in order to construct a dwelling with a porte cochere garage in the rear (a driveway passing underneath the second storey in order to access the detached garage in the rear yard) • the lot frontage variance will bring the existing legal non-complying lot into compliance with the Zoning By-law· · • the intent of a minimum side yard width is to provide an appropriate separation between structures on abutting properties, provide for sufficient access to rear yar:d, and accommodate grading, drainage and residential services such as air conditioning units and utility meters and to maintain the character of the surrounding neighbourhood 18 __ ~b~-- P1CKER1NG From: Nilesh Surti, MCIP, RPP Report to . Committee of Adjustment Application Number:P/CA 14/17 Date: March 8, 2017 Manage, Development Review & Urban Design Subject: App-lication Committee of Adjustment Application PICA 14/17 C. & J. Spicer 1488 Old Forest Road The applicant requests relief from Zoning By-law 3036 to permit a minimum -flankage yard setback of 1.2 metres, whereas the by-law requires a minimum flankage yard setback of 4.5 metres. The applicant requests approval of this variance in order to obtain a building permit for a new two-storey detached dwelling. · Recommendation The City Development Department recommends that minor variance application PICA 14117 be Tabled until a Tree Inventory and Preservation Plan prepared by a qualified Arborist or Environmental Consultant is submitted to the satisfaction of the City of Pickering. Comment Official Plan and Zoning By-law Pickering Official Plan -"Urban Residential -Low Density Areas" within the Woodlands Neighbourhood Zoning By-law 3036 --"R4" -Fourth Density Residential Zone Previous Minor Variance Application In February 1997, the Committee of Adjustment approved Minor Variance Application PICA 06197, which recognized a minimum flankage side yard width of 1.6 metres to the existing single storey detached dwelling. City staff supported the variance for the reduced flankage yard setback due to the presence of large trees along the south property line, which. act as a buffer between the dwelling and the street. 7. - -1--- -1- 1---- 1------..............___ '---- I r-\. ~ r- 1-1 ---'------1 I L - !!; MCBRADY CRESCENT ~ I SUBJECT PROPERTIES I l ll / I \ \ \ \ I \.... \ \ - [}] MAJOR OAKS ROAD ~~· Cl \ <( 0 0:: ~ ~\ () 0 0:: OJ ~--Cl UJ <( ::l r--0 z 0:: UJ -0:: ~ -UJ r--- 1---3: z r------0 1-- 1---0 0:: _I u. -t-~ 1---JADE STREET u. u. z C1i 1---~ ::l ,.--- I en ~ 1-- z I--0 UJ ~ l 1---> a: t--OJ Cl -/-~ 1---1---- \ \ \ \ I \ \ I I v---:c '---1---1---en --1---USMAN ROAD -1----1---l; - RAYLEEN CRESCENT I I - -------Location Map · -C44-·-File: PICA 15117 and PICA 16117 P1CKER1NG Applicant:Gien Rouge Homes (Brock) Inc. City Development Property Description: Part Block 71, Plan 40M2571 Department (2115 & 2117 Brock Road) Date: Mar. 01, 2017 The Corporation of the City of Pickering Produced (in pert) under lcense from: 0 Queens Printer, Ontario Minr,try of Natural Resources. SCALE: 1 :3,000 I II rights reserved.;C Her MaJesty the Queen tn Right of canada, Department of Natural Resources. An rights reserved.; PN-13 Teranet Enterprises Inc. and ItS suppliers all rights reserved.: C Municipal Property Assessment Corporation and nS Sirpp11ers alright!; reserved.; THIS IS NOT A PLAN OF SURVEY. 30--~of-- PJCKERJNG From: Nilesh Surti, MCIP, RPP Report to Committee of Adjustment Application Number: PICA 17/17 Date: March 8, 2017 Manager, Development Review & Urban Design Subject: Application Committee of Adjustment Application PICA 17/17 J. Uher & M. Boodhoo 5250 Sideline 4 The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06: • to permit an accessory building (detached ,garage) to be erected in the front yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard • to permit an accessory building (detached garage) having a maximum area of 54 square metres; whereas the by-law requires that no accessory building shall exceed 10 square metres in area · The applicant requests approval of these variances in order to obtain a building permit to construct a detached garage in the front 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 these variances apply only to the proposed detached garage, as generally sited and outlined on the applicant's submitted plans. 2. That the applicant obtain a building permit for the proposed construction by March 8, 2018, or this decision shall become null and void. Comment Official Plan and Zonin.g By-law Pickering Official Plan -"Open Space System -Oak Ridges Moraine Natural Core Areas". Zoning By-law 3037, as amended by By-law 6640/06 -"ORM-EP"-Oak Ridges Moraine Environmental Protection Zone. Report PICA 17/17 March 8, 2017 31 Page 2 Appropriateness of the Application Accessory Building in the Front Yard Variance • the intent of requiring accessory buildings to be located in the rear yard is to minimize their visual impact on the streetscape and adjacent properties, and to ensure that they are subordinate to the principal use of the property • the zoning by~law does not permit accessory buildings to be located within the front yard • the applicant is requesting to permit a 54 square metre accessory building (detached garage) to be located in the front yard • the owners have indicated that as a result of a steep grade change from the end of the existing driveway to the house, they are unable to locate the garage in the rear yard without extensive filling and landscaping • the proposed detached garage will be accessory to the principal residential use of the property as the applicant has indicated it will be used for vehicle storage • the proposed detached garage will have a height of 4.4 metres and will be setback approximately 85 metres from the front lot line, which will minimize the visual impact on the streetscape • the perimeter of the subject property is heavily treed, which will further minimize the visual impact of the proposed garage on the streetscape and adjacent property owners • the location of the proposed garage vyill maintain sufficient setbacks from all lot lines Increased Area of Accessory Building Variance • the zoning by~law requires that accessory buildings/structures not exceed 10 square metres in area • the applicant is requesting a variance to increase the minimum area of the accessory building (detached garage) from 10 square metres to 54 square metres • the proposed location of the detached garage is at the end of the existing driveway near the existing dwelling • no trees are proposed to be removed as part of the construction of the garage • the proposed garage will have a gross floor area of.54 square metres, which covers less than 1% of the total lot area . 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. · 12 c:::--12 u J ! ~ B' " j I l J ' u ll ' ~~M· :::::::::,. :::::::::-::,_. ---~ -------. it I ];.!:TII.,:I T L T T ill Ti JLL --<-' :::--J,l. ll. .1 · 1 J! II l i !i Wl j_ b I II ' I i I I JJ u J LU L j ! L . "" ---. _ _ _ _ .Ja or !.IATf .,.... 2 II ~ b •' ·' . -~ -----------~S'f' 01' r'OUHDA!J~ ~~ 1'0'x7'0' Q<tt ~ iXlOI'. b~WJ!; !?.., -..! 1--------- RIGHT ELEVATION REAR ELEVATION ~___, ror or ptATf _ .-1------------- b ! ::0 ' "' l= 1-TOPOff'\t-Tf -·-'<--· -L- "' -~:mt~ ~~~ ~ !! :::. --~ r-::---~-~..;,.,,;.Ill,;_;;.,..,;.~ ~OF FO\JNDATION W...U. 'e".1!....~!1<2'! ~---------- """"""' !:,>"" ~~· ---- Elevation Plan FILE No: P/CA 17/17 APPLICANT: J. Uher & M. Boodhoo -Cdt;Dt- PlCKERlNG PROPERTY DESCRIPTION: South Part of LotS, Concession 9 (5250 Sideline 4) City Development Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. . L:\PLANNING\CORELIPLANNING\APPS\PCA\2017 DATE: Mar. 1, 2017