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HomeMy WebLinkAboutJune 20, 2018cdei od DICKERING Committee of Adjustment Agenda Meeting Number: 8 Date: Wednesday, June 20, 2018 pickering.ca PICKERING city4 Agenda Committee of Adjustment Wednesday, June 20, 2018 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from May 30, 2018 1-12 (III) Reports 1. (Tabled at the May 30, 2018 Meeting) 13-24 P/CA 34/18 & 35/18 E. Whitney 1284 Commerce Street 2. P/CA 47/18 & P/CA 48/18 E. & T. McIntyre 1831 Spruce Hill Road 3. P/CA 49/18 J. Crichton 818 Naroch Boulevard 4. P/CA 50/18 R. Henville 361 Chickadee Court, Unit 9 5. P/CA 51/18 Supernova Construction Ltd. 1550 Bayly Street 6. P/CA 52/18 Universal City One Development Inc. 1474 Bayly Street 7. P/CA 53/18 G. Griffin & S. Peschke 1831 Fairport Road 8. P/CA 54/18 Steele Valley Developments Inc. 1300 Kingston Road (IV) Adjournment 25-32 33-36 37-43 44-48 49-55 56-61 62-65 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca GGg 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Pending Adoption Present Tom Copeland — Vice -Chair David Johnson — Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary -Treasurer Lesley Dunne, Assistant Secretary -Treasurer (I) Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, May 30, 2018 meeting be adopted. Carried Unanimously (11) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 6th meeting of the Committee of Adjustment held Wednesday, May 9, 2018 be adopted. Carried Page 1 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room (111) Reports 1. (Tabled at the May 9, 2018 meeting) P/CA 34/18 & P/CA 35/18 E. Whitney 1284 Commerce Street Moved by Tom Copeland Seconded by Eric Newton To dispense reading of the applications P/CA 34/18 & P/CA 35/18, by E. Whitney. Carried Unanimously Application P/CA 34/18 The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 9.1 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum lot area of 407 square metres; whereas the by-law requires a minimum lot area of 460 square metres • to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; whereas the by-law requires minimum side yard setback of 1.5 metres • to permit a maximum height of 10.3 metres; whereas the by-law permits a maximum building height of 9.0 metres • to permit a maximum lot coverage of 40 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard • to permit a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard Page 2 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Application P/CA 35/18 The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 9.1 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum lot area of 407 square metres; whereas the by-law requires a minimum lot area of 460 square metres • to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; whereas the by-law requires minimum side yard setback of 1.5 metres • to permit a maximum height of 9.5 metres; whereas the by-law permits a maximum building height of 9.0 metres • to permit a maximum lot coverage of 45 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard • to permit a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard, whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to facilitate the creation of one additional lot through Land Division Application LD 057/18 and obtain building permits for the construction of two single detached dwellings. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending the applications be tabled. 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 of 1282 Commerce Street indicating the proposed houses are in keeping with the character of the street and would be a nice addition to the neighbourhood. Samantha Bateman, agent, was present to represent the application. Thomas Dalzell and Jill Adams were present in objection to the applications. Page 3 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Moved by Tom Copeland Seconded by Sean Wiley That applications P/CA 34/18 & P/CA 35/18 by E. Whitney, Tabled until City staff have had a further opportunity to review the revised applications and submitted supporting materials. Carried Unanimously 2. (Deferred at the May 9, 2018 meeting) P/CA 38/18 & P/CA 39/18 Pinnacle Custom Homes 540 Oakwood Drive P/CA 38/18 (Proposed Severed Lot) The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum south side yard setback of 0.9 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres P/CA 39/18 (Proposed Retained Lot) The applicant requests relief from Zoning By-law 2511, as amended: • to permit a minimum north side yard setback of 0.9 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres The applicant requests approval of these variances in order to facilitate a single detached dwelling on each of the two proposed lots associated with the Region of Durham Land Division Application LD 006/18. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Nigel O'Neill, agent, was present to represent the application. Paul & Carol Harrison of 544 Oakwood Drive and John Hubbarde of 541 Oakwood Drive were present in objection to the applications. Paul Harrison expressed several concerns with the loss of sunlight, that the proposed dwellings will be viewed as one large home, these applications are setting a precedence and will decrease property values. Paul Harrison also stated there was damage caused to their eavestrough during the demolition of the existing dwelling. Page 4 of 12 Ci/g DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room John Hubbarde expressed a concern the large homes will change the streetscape of the neighbourhood and that they should be built within the zoning by-laws. Nigel O'Neill stated the reduced interior side yards will only impact the new home owners. In response to a question from a Committee Member, Nigel O'Neill stated that if requested there may be a rear garage door. Due to the exterior side yards meeting the zoning by-law requirements and the unique design of the porter cochere, Sean Wiley moved the following motion: Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 38/18 by Pinnacle Custom Homes, be Approved on the grounds that the requested variance 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 single detached dwelling proposed on the severed lot, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report, dated May 9, 2018). 2. That the applicant obtain a building permit for the proposed construction by May 10, 2021, or this decision shall become null and void. That application P/CA 39/18 by Pinnacle Custom Homes, be Approved on the grounds that the requested variance 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 single detached dwelling proposed on the retained lot, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report, dated May 9, 2018). 2. That the applicant obtain a building permit for the proposed construction by May 10, 2021, or this decision shall become null and void. Carried Unanimously Page 5 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room 3. P/CA 40/18 G. Sirilas 1598 Oakburn Street The applicant requests relief from Zoning By-law 3036, as amended, to permit an accessory structure located within the rear yard to be setback a minimum of 0.0 metres from the north lot line and setback a minimum of 0.0 metres from the west lot line, whereas the by-law requires accessory structure greater than 10.0 square metres to be setback a minimum of 1.0 metres from all lot lines. The applicant requests approval of this variance in order to permit an uncovered and partially enclosed accessory structure to be located within the rear yard. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending refusal. Written comments were also received from the City's Engineering Services Department expressing that this lot receives drainage from the adjacent lots to the north and west and the deck is to be relocated a minimum of 0.6 of a metre from the lot lines to accommodate this drainage. George Sirilas, applicant, was present to represent the application. Ian Kearns of 1596 Oakburn Street and Tahira Zafar of 1571 Oakburn Street were present in favour of the application. George Sirilas explained the platform was constructed two years ago and it has seating and garden beds for flowers. He also explained there are spikes in the ground to support the fence and platform and that there is also a fence on the property line. In response to a question from a Committee Member, the Secretary -Treasurer explained by adding a trellis to a platform it is then considered to be a structure. Ian Kearns stated he lives on the south side of the subject property and fully supports the application. Ian Kearns also stated the platform was built to protect the garden from running water from a surrounding neighbour, the platform is visually appealing, attractive and he does not agree that it is a structure. Tahira Zafar stated the structure is attractive and fully supports the application. Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 40/18 by G. Sirilas, be Approved to permit a 0.6 of a metre to the north and west lot lines to allow the structure or fence adjustment to meet the 0.6 metre and zoning compliance, subject to the following condition: 1. That the applicant obtain zoning compliance through the relocation of the accessory structure by October 30, 2018. Carried Unanimously Page 6 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room 4. P/CA 41/18 D. Sherman 1783 Track Street The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit a minimum rear yard setback of 1.0 metres, whereas the by-law requires a minimum rear yard setback of 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct a second storey addition over an existing attached garage to facilitate an accessory dwelling unit with a total floor area of 88 square metres. 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 Services Department expressing no comments on the application. Written comments were also received from the Toronto and Region Conservation Authority expressing no objection to the application. Bruce Fletcher, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Bruce Fletcher explained the history and the unique shape of the subject property. In response to questions from Committee Members, Bruce Fletcher stated the neighbouring property to the south is approximately 200 feet away and the accessory dwelling unit will not be a rental, it is for the applicant's aging parents. Moved by Denise Rundle Seconded by Eric Newton That application P/CA 41/18 by D. Sherman, be Approved on the grounds that the minimum rear yard setback of 1.0 metre 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 addition, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment report, dated May 30, 2018). 2. That the applicant obtain a building permit for the proposed construction by June 1, 2020, or this decision shall become null and void. Carried Unanimously Page 7 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room 5. P/CA 42/18 to P/CA 44/18 M. Malik-Qasim & 10221058 Canada Ltd. 560 & 562 Marksbury Road P/CA 42/18 (560 Marksbury Road) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 14.2 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum north side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent P/CA 43/18 (562 Marksbury Road) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 14.7 metres, whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum south side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a minimum flankage yard setback of 3.5 metres, whereas the by-law requires a minimum flankage yard setback of 4.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 2.0 metres into the flankage yard, whereas the by-law does not permit uncovered steps or platforms to project into the flankage yard P/CA 44/18 (Proposed Lot 3) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum east side yard setback of 1.2 metres, whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum lot coverage of 37 percent, whereas the by-law permits a maximum lot coverage of 33 percent • to permit a maximum building height of 9.5 metres, whereas the by-law permits a maximum building height of 9.0 metres Page 8 of 12 GGa oii DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room The applicant requests approval of these minor variance applications in order to facilitate the creation of one additional lot through the Region of Durham's Land Division Committee (File Numbers LD 042/18 & LD 043/18) and to obtain building permits for the construction of three single detached dwellings. 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 Services Department expressing no comments on the application. Written comments were received from the residents of 600 West Shore Blvd. in objection to the applications. Written comments were also received from Councillor Brenner, City Councillor Ward 1 in opposition to any variances to the 9.0 metre building height restriction. In correspondence received from the residents of 600 West Shore Blvd. several concerns were expressed including that 11 variances applied for are major variances; these 3 houses are going to dramatically affect the privacy and shading of homes on Surf Avenue and Marksbury Road; and any height over 9.0 metres should not be allowed. It was also stated that the applications be denied and the builder design homes that do not require variances. Nadeem Irfan, agent, was present to represent the applications. Councillor Brenner, City Councillor Ward 1, Paul White of 507 Cliffview Avenue, Jasmin Rouh-Munch of 509 Marksbury Road, Kimberly Taylor of 535 Marksbury Road, Pegi Leybourne of 556 Marksbury Road, and Philip Warne of 518 Cliffview Road and Garry Winsor of 600 West Shore Blvd. were present in objection to the application. Nadeem Irfan submitted 6 letters of support for the Committee Members to review and explained the applications. Councillor Brenner indicated that the requested 11 variances are not minor. He noted that Fairport Beach is a mature community needing protection of its community character. He is not opposed to infill and the proposal does not meet the intent of the Official Plan. The proposed 3 building should be designed within the existing zoning provisions in particular within the 9.0 meter height limit. The by-law is under review and a community character study is underway. The applicant should have contacted the local councilors and community earlier. He also noted that before the by-law adopting a 9.0 metre height limit, the Toronto and Region Conservation Authority and the City of Pickering agreed to step down building heights to protect views. Councillor Brenner requests that the applications be tabled to let the study be finished or the applications should be refused. Page 9 of 12 GGa oii DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Paul White submitted comments in objection to the applications and also submitted 24 letters in objection to the applications for the Committee Members to review. Paul White expressed several concerns with infill builders that build "monster homes" to maximize their profits; he does not want to see the neighbourhood redefined by infill homes that have no compatibility in the established community such as spacing of new homes, streetscape design, height, and sizing. He noted that too many variances are requested making the proposal not minor and he would recommend to the Committee that the applications be denied. Paul White also stated that the proposal is in conflict with the Pickering Official Plan, as the South Pickering Intensification Study states that stable residential communities are to be protected and that Pickering Council has commenced a study for established neighbhourhoods for R3 and R4 zones. Jasmin Rouh-Munch submitted comments in objection to the applications. Jasmin Rouh-Munch provided a picture for the Committee Members to review showing mature trees that have been removed. Jasmin Rouh-Munch expressed several concerns with having a height over 9.0 metres creates monster homes that will destroy the enjoyment of any neighbouring home; and the builder is only building what he wants in order to maximize his profits. Kimberly Taylor submitted comments in objection to the applications. Kimberly Taylor expresses several concerns with the development of a large home and the negative impact it has on the quality of life to the surrounding neighbours, loss of privacy, and the loss of sunlight. Kimberly Taylor also stated she was happy to see a height by-law passed by Council, however is concerned with seeing the acceptance of submissions for height variances. Pegi Leybourne submitted comments in objection to the applications. Pegi Leybourne expressed several concerns with the disappointment of the creation of 2 lots being divided into 3 little lots and with a storm drain issue 1 block from the lake, and that these large homes do not fit within the neighbourhood. Pegi Leybourne stated there is a height limit in the neighbourhood for a reason and would like the builder to design them small and stay within the by-laws. Philip Warne indicated that the requested variances are not minor and would like the architect to scale the buildings to meet the zoning by-law. He also referred to sections 2.9 and 3.9(c) of the Pickering Official Plan. In response to questions from concerned residents and Committee members, Nadeem Irfam indicated that similar lot configurations exist in the immediate area, he is in agreement with the staff report, storm sewer connections and grading will be reviewed by the City, and the determination of what is minor is qualitative not quantitative. Page 10 of 12 Ci/g 4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Due to the consideration of By-law 7610/18 recently passed by Council, the community character study, and the difficultly of infill in this community, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That applications P/CA 42/18, P/CA 43/18 and P/CA 44/18 by M. Malik-Qasim & 10221058 Canada Ltd., be Deferred until the August 1, 2018 meeting to allow the applicant and the neighbours sufficient time to meet and discuss the neighbourhood's concerns and perhaps resolve any differences. Carried Unanimously 6. P/CA 45/18 & P/CA 46/18 J. Greig 5061 William Street P/CA 45/18 (Proposed Retained Lot) The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit a minimum lot area of 0.19 hectares, whereas the by-law requires a minimum lot area of 0.3 hectares. P/CA 46/18 (Proposed Severed Lot) The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06 to permit a minimum lot area of 0.14 hectares, whereas the by-law requires a minimum lot area of 0.3 hectares. The applicant requests approval of these variances in order to facilitate the creation of one additional lot for a detached dwelling through the Region of Durham's Land Division Committee. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending the application be tabled. 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 of 5088 Brock Road in objection to the applications. In correspondence received from the residents of 5088 Brock Road in objection to the application concerns were expressed that the requested variances do not meet the four tests, do not maintain the integrity and purpose of the official plan, do not maintain the general intent and purpose of the Zoning By-law, are not desirable for the neighborhood or are appropriate for this neighborhood, and are not minor. Page 11 of 12 GGa oii DICKERING Committee of Adjustment Meeting Minutes Wednesday, May 30, 2018 7:01 pm Main Committee Room Marc De Nardis, agent, was present to represent the applications. William Mullett of 5088 Old Brock Road was present in objection to the applications. William Mullett expressed concerns that the requested variances do not meet the four tests, a 58 percent reduction in lot area is not minor in nature, and because the proposed dwelling cannot be centered on the lot it is not in keeping with the estate subdivision. Marc De Nardis stated that a pre -consultation meeting took place with City staff prior to submitting the land division and minor variance applications, the applicant's surveyor and engineer have had regard for the Region's servicing requirements and in his opinion the site can be serviced independently. Marc De Nardis also stated that the servicing assessment reports for septic and water prepared by the applicant's consultants have been submitted to City staff. Moved by Eric Newton Seconded by Tom Copeland That applications P/CA 45/18 & P/CA 46/18 by J. Greig, be Tabled until the Region of Durham Health Department has the opportunity to review the proposed development and provide comments regarding compliance with the Lot Sizing Policy of the Region of Durham. Carried Unanimously (IV) Adjournment Moved by Eric Newton Seconded by Denise Rundle That the 7th meeting of the 2018 Committee of Adjustment be adjourned at 8:52 pm and the next meeting of the Committee of Adjustment be held on Wednesday, June 20, 2018. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 12 of 12 c4 DICKERING Report to Committee of Adjustment Application Numbers: P/CA 34/18 & P/CA 35/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Applications P/CA 34/18 & P/CA 35/18 E. Whitney 1284 Commerce Street Applications P/CA 34/18 (Proposed Severed Lot) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 9.1 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum lot area of 407 square metres; whereas the by-law requires a minimum lot area of 460 square metres • to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; whereas the by-law requires a minimum side yard setback of 1.5 metres • to permit a maximum height of 10.3 metres; whereas the by-law permits a maximum building height of 9.0 metres • to permit a maximum lot coverage of 40 percent; whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard • to permit a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard P/CA 35/18 (Proposed Retained Lot) The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18: • to permit a minimum lot frontage of 9.1 metres; whereas the by-law requires a minimum lot frontage of 15.0 metres • to permit a minimum lot area of 407 square metres; whereas the by-law requires a minimum lot area of 460 square metres • to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; whereas the by-law requires a minimum side yard setback of 1.5 metres Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 2 • to permit a maximum height of 9.5 metres; whereas the by-law permits a maximum building height of 9.0 metres • to permit a maximum lot coverage of 45 percent; whereas the by-law permits a maximum lot coverage of 33 percent • to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard • to permit a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required front yard The applicant requests approval of these variances in order to facilitate the creation of one additional lot through Land Division Application LD 057/18, and obtain building permits for the construction of two single detached dwellings. Recommendations P/CA 34/18 (Proposed Severed Lot) The City Development Department considers a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; a maximum height of 10.3 metres; a maximum lot coverage of 40 percent; a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard; and a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front 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 variances, subject to the following conditions: 1. That these variances shall only apply to the proposed detached dwelling, as sited and outlined on the applicant's submitted plan (Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by June 21, 2021, or this decision shall become null and void. and The City Development Department considers a minimum lot frontage of 9.1 metres and a minimum lot area of 407 square 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 variances, subject to the following condition: 1. That the applicant obtain a final clearance for Land Division Application LD 057/18 by June 22, 2020, or this decision shall become null and void. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 3 P/CA 35/18 (Proposed Retained Lot) The City Development Department considers a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side; a maximum lot coverage of 45 percent; a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard; and a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front 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 variances, subject to the following conditions: 1. That these variances shall only apply to the proposed detached dwelling, as sited and outlined on the applicant's submitted plan (Exhibit 3). 2. That the applicant obtain a building permit for the proposed construction by June 21, 2021, or this decision shall become null and void. and The City Development Department considers a minimum lot frontage of 9.1 metres and a minimum lot area of 407 square 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 variances, subject to the following condition: 1. That the applicant obtain a final clearance for Land Division Application LD 057/18 by June 22, 2020, or this decision shall become null and void. and The City Development Department considers a maximum building height of 9.5 metres 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. Background In November 2016, City Council adopted Resolution 236/16 to commence a community engagement process to establish guidelines to encourage developers and builders to be mindful of established community character. Through community consultation, maximum building height was identified as one of the key criteria in ensuring compatibility of replacement housing in established neighbourhoods. In 2017, the City initiated a Zoning By-law Amendment in order to implement a 9.0 metre height restriction for lands zoned "R3" and "R4" within Zoning By-law 2511. By-law 7610/18 was passed by Council on March 12, 2018 and is now in force and in effect. The subject property is zoned "R4" within Zoning By-law 2511. On May 14, 2018, the Region of Durham Land Division Committee conditionally approved Land Division Application LD 057/18, which proposed to sever the existing lot in half to create two separate lots, both with a lot frontage of 9.1 metres and a minimum lot area of 407 square metres. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 4 On May 9, 2018, the Committee of Adjustment tabled Minor Variance Applications P/CA 34/18 and P/CA 35/18, at the request of City staff. Staff requested the applications be tabled until the applicant submitted a planning rationale brief, a building siting plan, and conceptual elevations to support the requested variances. On May 15, 2018, the applicant submitted the above -noted information requested by City staff in support of Minor Variance Applications P/CA 34/18 and P/CA 35/18. In submitting the requested information, the applicant revised their applications by reducing the overall building height requested under P/CA 34/18 from 11.0 metres to 10.3 metres, and reducing the overall building height requested under P/CA 35/18 from 10.0 metres to 9.5 metres. In addition, variances for both P/CA 34/18 and P/CA 35/18 were requested in order to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard, and to permit a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard. On May 30, 2018, the Committee of Adjustment tabled Minor Variance Applications P/CA 34/18 and P/CA 35/18 in order to provide City staff additional time to review the revised proposals. Comment Official Plan and Zoning By-law Pickering Official Plan Urban Residential Areas — Low Density Areas within the Bay Ridges Neighbourhood. Zoning By-law 2511, as amended by By-law 7610/18 — "R4" Fourth Residential Density Appropriateness of the Applications P/CA 34/18 & P/CA 35/18 Lot Frontage and Lot Area Variances The intent of the minimum lot frontage and minimum lot area requirements of the zoning by-law is to ensure a usable lot size that is compatible with the surrounding neighbourhood. The zoning by-law requires a minimum lot frontage of 15.0 metres and a minimum lot area of 460 square metres. As previously mentioned, the Region of Durham Land Division Committee conditionally approved Land Division Application LD 057/18, which proposed to sever the existing lot in half to create two separate lots, both with a lot frontage of 9.1 metres and a minimum lot area of 407 square metres. The applicant has requested the proposed variances to reduce the minimum lot frontage and minimum lot area in order to obtain zoning compliance to fulfill the conditions of approval for Land Division Application LD 057/18. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 5 The portion of Commerce Street west of Liverpool Road consists of lots with minimum lot frontages ranging between 8.2 metres and 28 metres. The lot immediately abutting the subject property to the west has an existing lot frontage of 10.5 metres, whereas the two properties abutting the subject property to the east have existing lot frontages of 9.0 metres and 8.2 metres. All of the lots on the north side of Commerce Street, west of Liverpool Road maintain a similar lot depth of approximately 44 metres. The applicant has indicated the proposed dwellings on both severed and retained parcels will maintain the minimum lot frontage requirement of 7.5 metres and will have a minimum rear yard setback of approximately 20.0 metres, which exceeds the minimum rear yard setback requirement of 7.5 metres. Therefore, the proposed severed and retained lots will be appropriately sized to accommodate a detached dwelling, will be consistent with the character of the established neighbourhood and continue the varied lotting pattern along the west portion of Commerce Street. Side Yard Setback Variances The intent of a minimum side yard width requirement is to provide an appropriate separation distance between structures on abutting properties in order to ensure compatibility with the existing neighbourhood, provide appropriate pedestrian access between dwellings, and to accommodate grading, drainage, and residential services. The zoning by-law 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 or carport is erected as part of the dwelling, a minimum side yard setback of 1.5 metres is required on both sides. The applicant has requested a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side for both the severed and retained lots. The proposed side yard setbacks will be compatible with the immediately surrounding neighbourhood as various other properties within the immediate area have been permitted or been recognized to have reduced side yards ranging from 0.2 of a metre to 1.5 metres. For example, the property abutting the subject lands directly to the east has been recognized to have a minimum east side yard setback of 0.5 of a metre. The proposed side yard setbacks of 1.2 metres and 0.6 of a metre for both the retained and severed parcels will provide an adequate separation between the dwellings and the property line to accommodate pedestrian access to the rear yard as well as grading, drainage, and residential utility services. Maximum Building Height Variances The intent of the maximum building height is to minimize the visual impact of the main building on abutting properties and on the streetscape, and to ensure that the size and scale of the building is compatible with the character of the surrounding area. The by-law permits a maximum building height of 9.0 metres. The applicant has requested a maximum building height of 10.3 metres for the future dwelling on the proposed severed lot and a maximum building height of 9.5 metres for the future dwelling on the proposed retained parcel. The applicant has requested these variances in order to accommodate two 3 -storey detached dwellings. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 6 The proposed building height of 10.3 metres is appropriate for the development of the severed parcel, as the severed parcel is considered to be a transitional lot. The proposed severed parcel is considered a transitional lot as the property abutting the subject property immediately to the west is occupied by a detached dwelling that is approximately 10.8 metres in height. The proposed building height of 10.3 metres on the severed parcel will provide the necessary gradual transition in built form from the existing 10.8 metre dwelling to the west and the lands to the east, where the maximum building height is restricted to 9.0 metres. The proposed increase in building height for the severed parcel will contribute to creating a compatible built form along Commerce Street. In addition, the 10.3 metre building height proposed for the future dwelling on the severed parcel will not result in a negative visual impact on the streetscape as the proposed dwelling will maintain the required front yard setback. Staff do not support the proposed building height of 9.5 metres for the future dwelling on the proposed retained parcel. This proposed parcel is not considered a transitional lot as the proposed severed parcel is, as the dwelling on the abutting property immediately to the east is approximately 7.6 metres in height. In addition, the applicant has not provided a technical rationale to warrant an increase in building height beyond the 9.0 metre height restriction. A building height exceeding the 9.0 metre height restriction on the proposed retained parcel would result in a negative visual impact on the abutting property immediately to the east and would not be in keeping with the intended building height for the neighborhood. A maximum building height of 9.5 metres for a future dwelling on the proposed retained parcel will result in a development that is out of scale with adjacent buildings to the east along Commerce Street and would further contribute to transforming the established character of the neighbourhood. Should the properties along Commerce Street to the east be redeveloped for new dwellings, a maximum building height of 9.0 metres would be required. Staff are of the opinion that the proposed 9.5 metre building height for the retained parcel is not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the intent and purpose of the Zoning By-law and the Official Plan. Maximum Lot Coverage Variances The intent of the maximum lot coverage provision is to ensure that the size, scale, and massing of a dwelling and accessory buildings are appropriate for the lot size and ensure an adequate amount of outdoor amenity space remains uncovered by buildings on a lot. The zoning by-law permits a maximum lot coverage of 33 percent. The applicant has requested a variance to increase the maximum lot coverage to 40 percent for the proposed dwelling on the severed parcel and a maximum lot coverage of 45 percent for the proposed dwelling on the retained parcel. The new dwellings proposed will maintain the required front yard setback of 7.5 metres and have a minimum rear yard setback of approximately 20 metres. As a result, a sufficient amount of outdoor amenity space will be provided for both of the future lots within the front and rear yards. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 7 Taking into account the proposed reduced lot size and reduced lot frontage, an increase in lot coverage for the severed and retained parcels will facilitate future dwellings that will be appropriately sized for the lots. The increase in lot coverage will provide for the appropriate development of the land as the size and massing of the proposed dwelling will be in keeping with the character of the surrounding neighbourhood. Other properties within the immediately surrounding area, including those located on Commerce Street, Front Road, and Annland Street have been approved to have lot coverages which exceed the maximum lot coverage of 33 percent, including lot coverages of up to 57.3 percent. Covered Porch, Covered Balcony and Uncovered Balcony Projection into the Required Front Yard Variances The intent of the maximum permitted projection of uncovered steps or platforms into the required front yard is to accommodate a landing area and stairs, while ensuring an appropriate setback is maintained within the front yard to provide an adequate landscaped area and maintain a consistent streetscape. 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 front yard. On both the proposed retained and proposed severed parcels, the applicant is requesting a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard, and a covered second -storey balcony and an uncovered third -storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yards. The proposed third -storey balcony will be located directly above the covered first -storey porch. The required front yard depth of 7.5 metres between the front lot line and the nearest exterior wall of the dwelling will be maintained on both lots proposed. The proposed second and third -storey balconies will provide additional usable private amenity space in the front yard and will not result in a significant loss of landscaped area. The proposed covered second -storey balcony will be setback a minimum of 4.6 metres from the front lot line, while the covered porch and third -storey balcony will be setback a minimum of 5.22 metres from the front lot line. As a result, the proposed projection will be adequately setback from street activity. Existing front yard depths along Commerce Street range between 1.0 metre and 9.0 metres. In addition, the property immediately abutting the subject lands to the west previously obtained a minor variance in order to permit a covered second -storey balcony and an uncovered third - storey balcony to project a maximum of 3.0 metres and 1.5 metres, respectively, into the required front yard. The proposed setbacks of the second and third -storey balconies would fall within the range of front yard setbacks established along Commerce Street. The proposed porch and balcony projections will not alter the character of the neighbourhood and would be consistent with the established streetscape along Commerce Street. Based on the foregoing, staff are of the opinion that the requested variances, unless otherwised noted, are minor in nature, desirable for the appropriate development of the land, and maintain the intent and purpose of the Official Plan and Zoning By-law. Report P/CA 34/18 & P/CA 35/18 June 20, 2018 Page 8 Input From Other Sources Engineering Services Residents of 1282 Commerce Street Resident of 1285 Commerce Street Date of report: June 14, 2018 Comments prepared by: Cody Morrison Pla n nerN- CM:DW:jc • no comments on the applications • support the requested variances • outline the future dwellings would be in keeping with the character of the street and would be a good addition to the neighbourhood • does not support the proposal • the Committee should reject the proposal as the applications consist of a number of variances that are not minor in nature • the Committee should not approve any dwellings proposed over the 9.0 metre height restriction • the severance application should not be approved as the extent of the variances required to facilitate the proposal is far from minor Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development\D-370012018\PCA 34-18 & PCA 35-18lRepodtPCA 34-18 & 35-18 Repod.doc Attachments Exhibit 1 0 03 m 2 rn 0 1 Brown nq Avenue c Bayview Gt W43tcrpoin /Scree Frenchman's Bay S0 4 0.1 2 Haller Avenue Old Orchard Avenue onica P d.;e Ilona Park Road 0 Subject Lands tv 0) • Naroch Boulevard Luna Court Fox.love Avenue Cil 0SSI m 0 C O fn 0 0 0 > Commerce Street Wharf Street Broadview Street Annland Street Location Map File: P/CA 34/18 & P/CA 35/18 o4 PICKERING City Development Department Applicant: E. Whitney Property Description: Plan 65, Part of Lot 4 and 5, Block B (1284 Commerce Street) Date: Apr. 30, 2018 91 he Cotporaeon of the City of Pickenng Produced On part) under tnanse from:0 Queers Pnrter,(nano Mfrislry of Netval Reset.es. 411 rights reserved. 5 Her Ataiesty the Queen In Right of Canada, Cepanu mert of Natval Resoces. AI rlghh reserved.; s Teranat Enterprises Inc. and its su golfers all rights reserved.;® AtunlNpal Pmpeny Assessment Corporation and Its suppiers al riglis reserved.: SCALE. 1.Jr000 THIS IS NOT A PLAN OF SURVEY. Exhibit 2 to permit a maximum lot coverage of 40 percent to permit a maximum building height of 10.3 metres to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side to permit a minimum lot area of 407 square metres to permit a minimum lot frontage of 9.1 metres Commerce Street to permit a covered second -storey balcony and uncovered third - storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard PICKERING City Development Department Submitted Plan File No: P/CA 34/18 Applicant: E. Whitney Property Description: Part of Lot 4 & 5, Block B, Plan 65 (1284 Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 16, 2018 9.145 L4 AREA n f I,.6 8003 Proposed Severed Parcel .-T1 ., 1 1 /..10 12814 33PS 'A' r HOU . ( II II 9.145 Commerce Street to permit a covered second -storey balcony and uncovered third - storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard PICKERING City Development Department Submitted Plan File No: P/CA 34/18 Applicant: E. Whitney Property Description: Part of Lot 4 & 5, Block B, Plan 65 (1284 Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 16, 2018 Exhibit 3 to permit a covered second -storey balcony and uncovered third - storey balcony to project a maximum of 3.0 metres and 2.4 metres, respectively, into the required front yard to permit a covered porch and associated steps to project a maximum of 3.5 metres into the required front yard Commerce Stree to permit a maximum lot coverage of 45 percent to permit a minimum lot area of 407 square metres to permit a maximum building height of 9.5 metres to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side to permit a minimum lot frontage of 9.1 metres PICKERING City Development Department Submitted Plan File No: P/CA 35/18 Applicant: E. Whitney Property Description: Part of Lot 4 & 5, Block B, Plan 65 (1284 Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 16, 2018 9.145 LOT AREA 4J606sgtt 40771 sq RI Propose• Retained Parcel �. MEI2 ass 1284'B' PROPOZO 3 -STOREY HOUSE No: 9.145 ' Commerce Stree to permit a maximum lot coverage of 45 percent to permit a minimum lot area of 407 square metres to permit a maximum building height of 9.5 metres to permit a minimum side yard setback of 1.2 metres on one side and 0.6 of a metre on the other side to permit a minimum lot frontage of 9.1 metres PICKERING City Development Department Submitted Plan File No: P/CA 35/18 Applicant: E. Whitney Property Description: Part of Lot 4 & 5, Block B, Plan 65 (1284 Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 16, 2018 Exhibit 4 11 11 1111111111 111 NI �I�IIIII111,IINI IN 1N 1 MENEM 11111 111 nht 1111 i.. Imi[HU Il11 IltI �_�IL_I;� I.--...■..■.... r.- ml .! ■ ■ ■ ■ ■ ■ ::j ■ ■ ■ ■ 1 iiii1MMIiii, or; g; FA gliggimillrlimm EXISTING ADJACENT HOUSE i' 11• 1 Il ■. . ■dhdil��1u� 16ilii. ■111100 11111% 1 '':IIIIIII (III IIID'' FRONT ELEVATION 'A' 1 1111 *1* 1111 1 III II 111 11 ! ;�I���■II 111_11 1 1..■..•.I' nii III II !I 111 Pull 111 III 1 ! II j'll VIII !11111 III .n 1111 1 1 ■ -1--11 111 1 i I� ■+ 111 ;x.11 � 1 1 . .I.■i l 3: I■III• HI 111511B kg Pi FRONT ELEVATION 'B' III III II IIIIIIIOI ILII Ill lI 1 IIII 10III III1 /\ iuiriiiilJiIllhhlII:lII r..m.....,, LII Till EXISTING, ADJACENT HOUSE O ,< PICKERING City Development Department Submitted Front Elevations File No: P/CA 34/18 and P/CA 35/18 Applicant: E. Whitney Property Description: Part of Lot 4 & 5, Block B, Plan 65 (1284 Commerce Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 13, 2018 L:\Planning\Corel\Plan ning\Apps\PCA\2018 CJS of, DICKERING Report to Committee of Adjustment Application Numbers: P/CA 47/18 & P/CA 48/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Applications P/CA 47/18 & P/CA 48/18 E. & T. McIntyre 1831 Spruce Hill Road Applications P/CA 47/18 (Part 2) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 12.0 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 on one side and 0.6 metres on the other side; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 40 percent; whereas the by-law requires a maximum lot coverage of 33 percent P/CA 48/18 (Part 1) The applicant requests relief from Zoning By-law 3036, as amended: • to permit a minimum lot frontage of 12.0 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 on one side and 0.6 metres on the other side; whereas the by-law requires a minimum side yard width of 1.5 metres where a garage is erected as part of a detached dwelling • to permit a maximum lot coverage of 40 percent; whereas the by-law requires a maximum lot coverage of 33 percent The applicant requests approval of these variances in order to facilitate the creation of two additional lots through the Region of Durham's Land Division Committee and obtain building permits for the construction of two single detached dwellings. Report P/CA 47/18 & P/CA 48/18 June 20, 2018 Page 2 Recommendations P/CA 47/18 (Part 2) & P/CA 48/18 (Part 1) The City Development Department considers a minimum frontage of 12.0 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 variances subject to the following condition: 1. That the applicant obtains final clearance for future land severance applications by June 22, 2020, or this decision shall become null and void. and The City Development Department considers a minimum side yard width of 1.2 metres on one side and 0.6 metres on the other side and maximum lot coverage of 40 percent to be minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law and therefore recommends Approval of the proposed variances subject to the following conditions: 1. That these variances apply only to the two-storey detached dwellings as sited and illustrated on the applicant's submitted plans (Exhibits 2, 3 & 4). 2. That the applicant obtain building permits for the proposed dwellings by June 21, 2021, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering. Official Plan — "Urban Residential Areas — Low Density Areas" within the Dunbarton Neighbourhood. Zoning By-law 3036, as amended — "R4" — Fourth Density Residential Zone Appropriateness of the Applications (P/CA 47/18 & P/CA 48/18) Lot Frontage Variances The intent of the minimum lot frontage requirement is to ensure a usable lot size that is compatible with the surrounding neighbourhood. The zoning by-law requires a minimum lot frontage of 15.0 metres. The applicant has requested a minimum lot frontage of 12.0 metres for both lots proposed to front onto Wingarden Cresent. Report P/CA 47/18 & P/CA 48/18 June 20, 2018 Page 3 The lot frontages of existing developments to the north, south and east of the subject property, fronting onto Wingarden Crescent range from 12.0 metres to 18.0 metres. Zoning By-law 7378/14 was passed in July 2015 for the lands to the south and south-east within Draft Approved Plan of Subdivision SP -2013-05, which permits a minimum lot frontage of 12.0 metres. The lands immediately to the east and to the north of the subject property, which front onto Wingarden Crescent are zoned "S3-7" and "S4-5" under Zoning By-law 4873/96. The minimum lot frontage of the "S3-7" and "S4-5" zone categories is 12.0 metres and 10.0 metres, respectively. The proposed lot frontages of 12.0 metres are consistent with the lotting pattern along the Wingarden Crescent. The requested variances to reduce the minimum lot frontage requirement will ensure an appropriate lot size is maintained that will provide for the construction of detached dwellings that are compatible with the surrounding neighbourhood. Side Yard Setback Variances The intent of a minimum side yard setback is to provide an appropriate separation between structures on abutting properties in order to maintain a pedestrian access; to accommodate grading, drainage and residential services such as air conditioning units, utility meters and to maintain the character of the surrounding neighbourhood. The zoning by-law requires a minimum side yard setback of 1.5 metres on both sides, where a garage is erected as a part of the dwelling. The applicant has requested to reduce the minimum side yard setbacks to 1.2 metres on one side and 0.6 of a metre on the other side for both dwellings proposed. The proposed setbacks of 1.2 metres and 0.6 of a metre will maintain the character of the surrounding area as the lands to the north, south and east, zoned under By-law 4873/96 and By-law 7378/14, are permitted a minimum side yard width of 1.2 metres on one side and 0.6 of a metre on the other side. The proposed side yard setbacks will provide for an appropriate separation between structures on abutting properties and maintain an adequate setback to accommodate pedestrian access, residential services, lot grading, and lot drainage. Maximum Lot Coverage Variances The intent of the maximum lot coverage provision is to ensure that the size, scale and massing of a dwelling, and accessory buildings, are appropriate for the lot size and to ensure an adequate amount of outdoor amenity space remains uncovered by buildings on a lot. The zoning by-law permits a maximum lot coverage of 33 percent. The applicant has requested to increase the maximum lot coverage requirement to 40 percent for both proposed Lot 1 and proposed Lot 2. Report P/CA 47/18 & P/CA 48/18 June 20, 2018 Page 4 The lands to the north, south and east, zoned "S3-7" and "S4-5" are permitted a maximum lot coverage of 38 percent. Additionally, previous minor variance applications for lands to the south, which front onto Wingarden Crescent, have also been approved to permit a maximum lot coverage of 40 percent. With the proposed minimum lot frontage of 12.0 metres and reduced side yard setbacks, the proposed lot coverage is appropriate for the development of the land as the size and massing of the proposed dwellings will be compatible with the existing character within the surrounding neighbourhood. The proposed dwellings will maintain the minimum required front yard and minimum required rear yard setback of 7.5 metres, which will ensure a sufficient amount of outdoor amenity space is provided on the future lots. Staff are of the opinion that the requested variances are minor in nature, desirable for the appropriate development of the land, and maintain the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: June 13, 2018 Comments prepared by: Cody Morrisof Planner II CM:DW:jc • no comments on these applications Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development0-370012018'PCA 47-18 & PCA 48-18\ReportPCA 47-18 & PCA 48-18 Report.doc Attachments Exhibit 1 "i Sa inommri Una Road ohm• • -0 O co Voyager Avenue T1 11111 S I I I— Strouds Lane Subject • • iiiiiii i Win 0 ro m 2 a� co .c co Jacqueline Ave<` Edgewood Road Welrus Street Fairport Road 0 0 U 0 O O .a O Bonita Avenue a 0 0 O U Rushton Road f � City Location Map File: P/CA 47/18 & P/CA 48/18 of PICKERING City Development Department Applicant: E. & T. McIntyre Property Description: Lot 59, Plan 1041 Registrar s Compiled Plan (1831 Spruce Hill Road) Date: May. 15, 2018 :T The Corporation of the Cdy of Pickenng Produced en part) under license from; 0Queers Pnrter,Orteno lPnstryof Nahaal Resources. rights reserved.0 Her Majesty the Queen In Right of Canada, Oepadmert of Natural Resources. A4 netts reserved OTeranet Enterprises Inc. and its supplers all rights reserved.;® Murecipai Property Assessment Corporation and ItssapPLers aingtts reserved.; SCALE. 1:5,000411 THIS IS NOT A PLAN OF SURVEY Exhibit 2 9.188 PART 1 38. .111111111M1111111116 73.7 PART 2 To permit a maximum lot coverage of 40 percent PART 1 79 <=4 To permit a minimum side yard setback of 1.2 metres on one side and 0.6 metres on the other side (3.) 0 L. C3 To permit a minimum lot frontage of 12.0 metres PICKERING City Development Department Submitted Plan File No: P/CA 47/18 and P/CA 48/18 Applicant: E. & T. McIntyre Property Description: Lot 59, Plan 1041 Registrar's Complied Plan (1831 Spruce Hill Road) FULL. SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 30, 2018 LIPlanningICorel PlanningVApps PCAl2018 Exhibit 3 LAPlanning \Core] \ Planning \Apps PCA\2018 CO 0 ..-I Ni CO ....1 Ic7 Csi - ,.............p. .1=0101.104 .01MMIOMMINNOM•111 • AMMO ••••••••••••••••• laMILLI MOWN .......................-. - . I 1117r =MN . Ill 0.406' - NE1.1•••• 1.11 a) , ,.....M. . , s , ......... MINIM ,..... N.. SECOND FLOOR . . . , . . . . m r.,' 1 Ig 111 11 1 I "II IM ri a st co 1 I MI 1111 111 '. • = a IN ITI ,..2 ' .0.11 Immo E a . 111 111 '. = ri ing Ea IN= SIM , • . ...c..... -- FIN. FIRST FL. _ - Y -C- , -1-1- t = = -5 nr- '--,----, in ,t - N Csi I!, TOP FOOTING .,,. , . . . Submitted Elevation 0 zy 4 File No: P/CA 47/18 PICKERING Applicant: E. & T. McIntyre Property Description: Lot 59, Plan 1041 Registrar's Complied Plan City Development (1831 Spruce Hill Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE May 30, 2018 LAPlanning \Core] \ Planning \Apps PCA\2018 Exhibit 4 co N SECOND FLOOR RN. FIRST FL TOP FOOTING C4 PICKERING City Development Department Submitted Elevation File No: P/CA 48/18 Applicant: E. & T Mclntyre Property Description: Lot 59, Plan 1041 Registrar's Complied Plan (1831 Spruce Hill Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 30, 2018 Planning1CorelPlanning1Apps1PCA12018 DICKERING c4 Report to Committee of Adjustment Application Number: P/CA 49/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 49/18 J. Crichton 818 Naroch Boulevard Application The applicant requests relief from Zoning By-law 2520, as amended: • to permit an uncovered deck to project a maximum of 2.47 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 this variance in order to obtain a building permit for the construction of an uncovered deck in the rear yard. Recommendation The City Development Department considers the requested variance 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 variance applies only to the proposed addition, as generally sited and outlined on the applicant's submitted plan (Exhibit 2) 2. That the applicant obtain a building permit for the proposed construction by June 22, 2020. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas Low Density Areas" within the Bay Ridges Neighbourhood Zoning By-law 2520 — "R4" — Fourth Density Residential Zone Report P/CA 49/18 June 20, 2018 Page 2 Appropriateness of the Application Uncovered deck projecting into the required rear yard variance The intent of the zoning by-law provision requiring maximum projections of decks into the rear yard is to ensure that any additions/structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard. The applicant has requested permission to construct an uncovered deck which projects 2.47 metres into the required rear yard whereas the By-law permits a maximum projection of 1.5 metres into the required rear yard. The deck which the applicant is proposing to build is 3.35 metres in length and 9.1 metres in width. The required rear yard for the zone is 7.5 metres and the applicant currently provides a rear yard of 8.38 metres from the existing dwelling to the rear lot line. The applicant would maintain a rear yard setback of 5.03 metres from the edge of the proposed deck to the rear lot line. The proposed projection of the uncovered deck into the required rear yard would still allow for adequate space for maintenance and would ensure than an adequate outdoor amenity area is provided within the rear yard, as well as providing enough privacy and enjoyment of space for adjacent neighbours. The requested variance is minor in nature, desirable for the appropriate development of the land and maintains the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services • no comments on the application Date of report: June 12, 2018 Comments prepared by: Elizabeth Martelluzzi Deborah Wylie, MCIP, RPP Planner II, Heritage Principal Planner, Development Review EM:DW:jc J:1Documents\Development\D-3700120181PCA 49-18tReporl\PCA 49-18 Report.doc Attachments Exhibit 1 Radom Street Haller Avenue Old Orchard Avenue Monica Cook c Ilona Park Road a m 0 0 0 0 m Patmore La ne Maroc eoueva • Tatr iIfiShiVDJIIT I • i • Ms�nntirr. Fuschia Lane co 0 a 0 1111111111111/' ii j i— •1I ,111// GatVan Avenue MOBNEON 11111101 woo 0001 0101 TOW 1011 ■�•IHUH Fa of ////oma,,. •• so tiro• H le 11100 IWO 00/ 10111111 wool oo woo woo goo .- o� ORM WOO woos Stow .01101 a= WowNOW11111/1. W0 -3 � 011° m Outitusala c Subject Lands Luna Court ad 1111111V ad ikbro Milk - 11111111 Fox love Avenue Wild111111 11111111! my IMMUNE N p»lij»Eemir.. I�IIIIIIIIIIn ll 111111111nm Commerce Street 11 1 1 1 1 1 1 I 1 1.1 I I PICKERING City Development Department Location Map Fite: P/CA 49/18 Applicant: J. Crichton -o m c 3 703 O" OMB WON •11111111111 jpuUiiHi Shearer ane Balaton Avenue m 0) 0 •• • Property Description: Lot 249, Plan M14 (818 Naroch Boulevard) BThe Corporabon of the Ore of Prckenng Produced pn part) under license from: ® Queers Pnrter, Ortano Ministry of Nahral Resauces. 411 rights reserved.(0 Her I.taRsty the Queen In Right of Canada, Department of Natural Resources. AO rfglts reserved §Tera net Enterprises Inc. and its suppliers all rights reserved.; 0 Municipal Property Assessmert Corporation and Its staplers a0 rights reserved.; Bronwen mom SIM OMB I♦ Al ssum 0 0 0 • MIN - i 11111111 c c m N N O 0 I• Date: May. 16, 2018 SCALE: 1:5,000 THIS IS NOTA PLAN OF SURVEY. Exhibit 2 Naroch Boulevard .'C, ;. . , ' ; • (\' `` tia • • N`• ‘Y '' t V bIw .' A ' ,.. _••'..1 I N Gt GG"`'' 1(.i6 . 15R �pv e alll� ." i r l' 4-'Y i l ` '• 4 n n n .:.: ti Q 4 , `' : Lf 57w+ ' • ,,• u. ,„mss .., ..i'; ' , c9\.— .'•Q.0.c+�,��,,,, '�%� I''- y"*r'.! r'/r "' a'/':.:.).144 To permit an uncovered deck to .._ „��,; „, ,,,,? c. -. 'r _. 7 .. project a maximum of 2.47 metres into the required rear yard/\ N Submitted Plan C2 4 File No: P/CA 49/18 PICKERING Applicant: J. Crichton City Development Property Description: Lot 249, Plan M14 Department (818 Naroch Boulevard) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 13, 2018 C4 eh DICKERING Report to Committee of Adjustment Application Number: P/CA 50/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 50/18 R. Henville Block 18, Plan 40M-1827, Now Part 9 & 23, 40R-27385 361 Chickadee Court, Unit 9 Application The applicant requests relief from the following provisions of Zoning By-law 3036, as amended by By-law 4645/95: • to permit minimum side yard widths of 0.6 of a metre; whereas the by-law requires that a minimum 1.2 metre interior side yard width shall be provided adjacent to the extension of that wall on the lot upon which that dwelling is located if an abutting interior side yard is not provided on the other lot • to permit a second -storey uncovered balcony to project a maximum of 2.4 metres into the required rear yard; whereas the by-law permits uncovered steps or platforms not exceeding 1.0 metre in.height may project a maximum of 1.5 metres into the required rear yard The applicant requests approval of these variances in order to permit a second -storey uncovered balcony in the rear yard. Recommendation The City Development Department considers the 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 these proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed second -storey uncovered balcony, as generally sited and outlined on the applicant's submitted plans (Exhibits 2, 3, and 4). 2. That the applicant obtain a building permit for the proposed construction by June 22, 2020 or this decision shall become null and void. P/CA 50/18 June 20, 2018 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan - "Urban Residential — Medium Density Areas" within the Highbush Neighbourhood Zoning By-law 3036, as amended by By-law 4645/95 — "RMM" — Multi -Unit Residential Zone Background The applicant originally submitted plans which did not reflect the true width of the lot being 5.44 metres as shown on the submitted survey, whereas the applicant's drawings showed a lot width of 5.6 metres. The owner's agent was made aware of this discrepancy and submitted revised plans to planning staff on June 12, 2018 which showed the true width of the lot at 5.44 metres. The revision to the submitted plans does not change the requested variances. Staff does not have concerns as the revised drawing still reflects the requested minor variance that was sent in the Notice to the public. Appropriateness of the Application Side Yard Width and Uncovered Steps and Porches Projecting into the required Rear Yard Variances The intent of requiring interior side yard setbacks and maximum projections into the required rear yard for any additions or decks in the rear of townhouses is to ensure that any additions/structures can be appropriately maintained without having to encroach onto abutting properties, to minimize any adverse impact on adjacent neighbours such as privacy and to ensure that an adequate outdoor amenity area is provided within the rear yard. The by-law requires any structure that projects from a townhouse unit (which has a side yard setback of 0.0 metres) to maintain a minimum side yard setback of 1.2 metres. The applicant is requesting to reduce the minimum required side yard width from 1.2 metres to 0.6 of a metre and to permit a maximum rear yard projection of 2.4 metres to accommodate the proposed second -storey uncovered balcony. The proposed second -storey uncovered balcony has a width of 4.2 metres and a length of 2.4 metres The proposed 0.6 of a metre side yard setback to the uncovered balcony in the rear yard could be maintained without encroaching onto abutting properties. An adequate buffer space between the proposed uncovered balcony and the rear lot line as well as from abutting property owners will be maintained. The proposed development will provide for additional outdoor amenity area and maintains an adequate soft landscaped area for the townhouse unit. Adverse impacts of the rear yard projection will be minimal as the subject property abuts the Altona Forest to the rear. P/CA 50/18 June 20, 2018 Page 3 The requested variances are minor in nature, desirable for the appropriate development of the land and maintain the intent of the Pickering Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: June 12, 2018 Comments prepared by: • no comments on the application Elizabeth Martelluzzi Deborah Wylie, MCIP, RPP Planner II, Heritage Principal Planner, Development Review EM:DW:jc J:1Documents\Development\D-3700'20181PCA 50-18\Report\PCA 050-18 Repo8.doc Attachments Exhibit 1 I IIIIJ? Shadow PIa cc co Pine Grove Avenue III 0 YTran•uil Court >tn ,1 (6 O (6* O ) Chickaa Subject Lands U U U 1I 1 11111 1 1 I U N 0 m m e oM 4 Location Map File: P/CA 50/18 PICKERING City Development Department Applicant: R. Henville Property Description: Block 18, Plan 40M-1827, Now Part 9 & 23, 40R-27385 361 Chickadee Court, Unit 9) Date: Jun. 06, 2018 b The Corpora5on of the Qty of Pickenng Pm need En part) under license from: EA fivers Printer, Ortemo hEnstry of NahraIResources. All rights reserved. Her Makstythe Queen In Right of Canada, De p aliment of t4 Aral Resources.A8 rights reserved.; O Teranet Enterprises Inc. and Its suppliers all rights reserved.;®IAunicipal Prop e y Assessment Corpara(on and itsstpp(ers al riglts reserved.; - SCALE: 1:5,000 THIS IS NOT A PLAN OF SURVEY. Exhibit 2 " i AiTag.°h,sar» _ i3LOCK 19 (WALKWAY) ;r - PIN. 25J6D-Ou47(tlj x -y-- �. NT4i'OS' M.ru'mlrq �u' - _ Tsr?rKS-SKrrn»x r CP uut,w¢ n CURB• .ar100 • � -s^r-v^-y'^-' O co9cREtE tune n 103;r077:-3 "°.1 14.6ICT) " (P.W� Chickadee if a 250 - �a �R ad 250 Vg/A4 2x979 , g 4,ar;F r2 LI p. PART 12 g8 Hd . n °o ,n se To permit a second storey uncovered balcony to project a Court ��, 4, n ,, 4a,/ "!,SS . ,had 2.59 259270.82 q (q n 'E 28'47 PART11 23.97 i= , maximum of 2.4 metres into the required rear yard "zzi,�,, � 4• V e�1• ✓ ✓ 72'59.05'E 28.47 (-,,k _ .1 0, 1 .9 Ing., I n✓ el' et.WP ____.-\< % i 0'2 6C. `\ k4 PART 27 Y i t. A Y PART 10 CY"; • ,4 �E mai 0** Qct 0 ��Proposed 07239.05E 20.47 � 23.97 +� „�� cam? els' PlN. _`Balcony:, '•qQ�. x as W6,4rs 1. + 4' }-iouSQ�RT g - 0.46(LT) col 1.4t 0.6� i n g RI 4' a n �i'- g `.' 5( 44 o Q�19 1`o- 0.( id `A1 QP/ t0� , y� •�' t 472'59'05"E 28.47 t 23.97 PART 22 C 5 PART B E Co Nix! O `a: (12 ` is io.l,, g • N7T59'00'E 28.84 (nrc0 da> PART 5 .9 7.10s. d \lt.,'lk ��77���iiii����111111® 544 1J P'T 18 544 c«n 4.12 m P A nPART 8`117.4 7%?, Ral 5x3 ,C:' To permit fwI p a ae 22 oars N„=•.4ko(' ` '` rPART 14 A T;ir , 1 L ' _� 4 a 0 ' ' �^ I L A m nn29.75 �L -1 Si A (.1 2 ! L A ,,o 14` •�9, so c, PART 7 , . '9 .�- �:. minimum side yard widths of 0.6 of a metre :ty ^ (P2 'l. F g H .12} >"M e PART 1 a' r I` SWMNEST r� '491 CONCRETE 8 PART 2 8 90' 4 PLA CORNER 9f -1827 0 5 L PART 3 y WC 44 -I4-73 FO0N0A009 8 PART 4 .t ICC 44 t g PART 5 N WC. �I ",--1A4_7827I 4. •{p j i , PART 6 �� �0 ��i 1., J.. S 13. t 19.74 4.80 �a (� O'E m 9713900 017400.. PI awf u9C 80.99)20 (5,.o q (9 LOT 5. , CONCESSION 1 PART 2, PLAN " 40R--15503 PIN. 26365-0059(LT) Submitted Plan C4 File No: P/CA 50/18 00/ PICKERING Applicant: R. Henville Property Description: Block 18, Plan 40M-1827, Now Part 9 & 23, 40R-27385 City Development (361 Chickadee Court, Unit 9) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 31, 2018 L:\Planning\Corel\Plann ing\Apps\PCA\2018 Exhibit 3 L:\Planning\Corel\Planning \Apps\ PCA\2018 2.4m 5.05m Si x -4 16'-1" 3NI1).1.N2dONd 3(115 6'-8° >. ,to ,o / _ 1 REAR PROPERTY LINE r o - r in i al\ b I o N CV r 17 Ln 3N1-1'11-N3d024d 30I5 Submitted Plan C4 4 File No: P/CA 50/18 PICKERING Applicant: R. Henville Property Description: Block 18, Plan 40M-1827, Now Part 9 & 23, 40R-27385 City Development (361 Chickadee Court, Unit 9) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 13, 2018 L:\Planning\Corel\Planning \Apps\ PCA\2018 Exhibit 4 L:\Planning\Corel\Plann ing\Apps\PCA\2018 z �� -- =. J J MMIll _ r• MINN MIIIIIIIIIIIIIIMININIII-- 1 T=�,,.... L rmi—Z Ilili LI- - j I -17 i r J J '-t-j- LI I I J 1 1-1-1'••••_ No r (' rH I '-r r �I —r --1 I 1 T' I I ' 47 r , I �I : , , LL' :.xN n,r, I ]; � n L >' 1 1 I I_ 1 ]`p_r .-.. 11 Zszt t I 1 1 -I 7T 1 1 L t� -1-'-I- Cr 1 1 _ 1 .. r.. -L -J L L -- 1--: I r` 1�_ 1 1 , 1 I 1 r"] 7 i I I I I 11 11 MIN 11111 MUM MS I I an 1 ' T t -r �1- 11T-' TTT t 1-- IIIIMMII IIIIIIIIIIIIM� II -1 1.111 El—MI MB MI 1_4_L_l_i 11111111111111 ,11101M1 (-F1) J_J ._L-r-i,JS L EN L i a Te N I I I "T`1 immig N I I 1 1 .MN �-T- 7 � 1 I T '�I r I t I I 1 1 I I I MM L. 1. I L '�- -L �MMn 1 I 1— tINN= I Submitted Plan C4 4 File No: P/CA 50/18 PICKERING Applicant: R. Henville Property Description: Block 18, Plan 40M-1827, Now Part 9 & 23, 40R-27385 City Development (361 Chickadee Court, Unit 9) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 31, 2018 L:\Planning\Corel\Plann ing\Apps\PCA\2018 DICKERING cdy Report to Committee of Adjustment Application Number: P/CA 51/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 51/18 Supernova Construction Ltd. 1550 Bayly Street Application The applicant requests relief from Zoning By-law 7553/17, to permit a business service (commercial printing and copying establishment) use, whereas the by-law does not permit business service (commercial printing and copying establishment) use. The applicant requests approval of this variance application in order to permit a commercial printing and copying establishment within a portion of an existing building on the subject property. Recommendation The City Development Department considers a business service (commercial printing and copying establishment) use 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 a Business Service (commercial printing and copying establishment) use be defined as, a premises providing services related to the creation and duplication of print material for personal and commercial uses. Comment Official Plan The Pickering Official Plan designates the subject lands as Mixed Use Areas — City Centre within the City Centre Neighbourhood. Lands within the Mixed Use Areas — City Centre are intended to have the highest concentration of activity in the City and the broadest diversity of community services and facilities. This designation permits high density residential, retailing of goods and services, offices and restaurants, hotels, convention centres and community, cultural and recreational uses. The City Development Department considers a commercial printing and copying establishment to be a service use. Report P/CA 51/18 June 20, 2018 Page 2 The City Centre Neighbourhood Policies outline that City Council shall encourage the highest mix and intensity of uses and activities in the City to be in this neighbourhood. Zoning By-law The lands subject to this application are zoned "CC2" — City Centre Two, under the City Centre Zoning By-law 7553/17. The "CC2" zone permits a wide variety of residential, commercial and community uses, which include: offices, medical offices, hotels, financial institutions, restaurants, retail stores, service and repair shops. The City Centre Zoning By-law implements new zoning categories, permits a broad range of uses, incorporates new development standards to regulate the size, location, massing and height of buildings, identifies minimum and maximum density provisions and introduces new vehicle and bicycle parking standards. Zoning By-law 7553/17 was enacted to implement the Official Plan Policies and City Centre Urban Design Guidelines. The subject lands are also subject to the "H7" holding provision in the City Centre Zoning By-law. This holding provision encompasses the lands south of Highway 401, north of Bayly Street from Sandy Beach Road to the west to the limit of the properties that front Alliance Road to the east. Prior to comprehensively redeveloping the subject lands the "H7" holding zone requires the landowners, within the limits of the H7 zone, to submit a block development plan; submit a comprehensive transportation study; and to enter into cost sharing agreements for community uses, public parks, municipal roads and infrastructure to support the development of the lands. Appropriateness of the Application The owner of the subject property is requesting to permit a business service (commercial printing and copying establishment) use within a portion of the existing building on the subject lands. The printing and copying establishment is proposed to occupy approximately 1,386 m2 of the existing building. The City Centre Zoning By-law 7553/17, does not permit the proposed use. Prior to the City Centre By-law coming into full force and effect on February 16, 2018, the subject property was zoned "M1" under Zoning by-law 2511. The "M1" zone permitted the proposed printing and copying establishment. The business service use was inadvertently excluded from Zoning By-law 7553/17. The applicant has advised that the requested variances will not result in any alterations to the subject property or to the exterior of the existing building. The proposed use will be accommodated within the existing building, which was approved through Site Plan Application S 33/87 in 1987. The proposed business service use on the subject property would be compatible with the established commercial uses on the subject property and within the immediate area. Additionally, the proposed printing and copying establishment will provide a necessary service use to support both the current and future residential and commercial uses on the surrounding lands within the City Centre. Report P/CA 51/18 June 20, 2018 Page 3 The subject property provides for sufficient parking to accommodate the proposed use, as there are a total of 208 parking spaces provided on the property. The parking requirement for the existing building was determined at the time of Site Plan Approval in 1987, and was based on the floor space of the building and the parking standards under By-law 2511. Considering the proposed use will be accommodated within the existing building and there are no changes proposed to the size of the building, no additional parking will be required. The proposed variance would maintain the general intent of the Official Plan and Zoning By-law, which is to accommodate a diversity of uses on the subject lands. Staff are of the opinion that 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 Services Date of report: June 14, 2018 Comments prepared by: CodyMorrison Plaer ___, :) CM:DW:bs • no comments on the application Deborah Wylie, MCIP, RPP. Principal Planner, Development Review J1Documents\Development\D-3700@01BIPCA 51-18 Supemova Construction Ltd\Report1PCA 51-18 Report.doc Attachments Exhibit 1 E -- oatoa`I ro N\gh,Nay AO's Subject Lands 111 �►�' �,O ♦ �G 111 � e sow 10. so as 10. n Avenue e Fordo O aS\ Drava Street VA W 11111111 U Valk Rega Bayly Street c6 (n E City Location Map File: P/CA 51/18 Oil PICKERING City Development Department Applicant: Supernova Construction Ltd. Property Description: Part of Lot 20, Concession 1 Now Part 6, 40R-5511 (1550 Bayly Street) Date: May. 18, 2018 O The Corporation of the Gly of Plckenng Produced do part) under ['cense from:® Omens Pnrter, Octane/Angry ofNahaal Resources. of Natural Resoces. A9 rigHs reserved; rights reserved,0 Her Majesty the Queen In Right of Canada, Department ur ATeranet Enterprises Inc. and Is suppliers all rights reserved .;0 Municipal Property Assessmert Corporation and Its srypters a dgta reserved.; SCALE. 1:5,000All THIS IS NOT A PLAN OF SURVEY. Exhibit 2 .a 40 40 .141.021, tip' .a .�a A .84 A\ C ROAD HI -14 I I i 205 PARKING SPACES (SURROUNDING BUILD I III BUILDING) 3 ACCESSIBLE PARKING SPACES TOTAL PARKING: 208 SPACES 547 7 i, i.: To permit a business service (commercial printing and copying establishment) use 1,7 3AYLY STREET C4 4 PICKERING City Development Department Submitted Plan File No: P/CA 51/18 Applicant: Supernova Construction Ltd. Property Description: Part of Lot 20, Concession 1 Now Part 6, 40R5511 (1550 Bayly Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 30, 2018 L:\P lann i ng\CorellPla n ning\Ap ps\PCA\2018 DICKERING cdy Report to Committee of Adjustment Application Number: P/CA 52/18 Date: June 20, 2018 From: Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Subject: Committee of Adjustment Application P/CA 52/18 Universal City One Developments Inc. 1474 Bayly Street, Pickering Application The applicant requests relief from Zoning By-law 7553/17: • to permit a building greater than 37.5 metres in height to provide a minimum main wall step back of 1.6 metres from the main wall of a point tower and the main wall of a podium on any building face abutting a street line; whereas the by-law requires buildings greater than 37.5 metres in height shall provide a minimum main wall step back of 3.0 metres from the main wall of a point tower and the main wall of a podium on any building face abutting a street line • to permit a maximum tower floor plate of 1,150 square metres for a residential building; whereas the by-law requires a maximum tower floor plate of 850 square metres for a residential building • to permit a maximum building height of 51 metres; whereas the by-law requires a maximum building height 47 metres The applicant requests approval of these variances in order to obtain Site Plan Approval for the development of a 17 storey mixed-use building containing 275 apartment units and 241 square metres of commercial space at grade. Recommendations The City Development Department considers the required 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 a 17 storey mixed-use building as generally sited and illustrated on the applicant's submitted plans (Exhibit #2). 2. That the applicant obtain Site Plan Approval for the proposed construction by June 22, 2020 or this decision shall become null and void. Report P/CA 52/18 June 20, 2018 Page 2 Comments City of Pickering Official Plan The Pickering Official Plan designates the subject lands as "Mixed Use Areas — City Centre" within the City Centre Neighbourhood. Lands within the City Centre have the highest concentration of activity in the City and the broadest diversity of community services and facilities. This designation permits high density residential; retailing of goods and services; offices and restaurants; hotels; convention centres; and community, cultural and recreational uses. The permitted maximum floor space index (FSI) is up to and including 5.75 FSI. The Official Plan does not include specific policies with respect to maximum building heights within the City Centre. However, the Official Plan states that in the review of development applications for buildings taller than five storeys, the following performance criteria are to be considered: a) that buildings be massed in response to the scale of surrounding buildings, nearby streets and public open spaces; b) that upper levels of buildings be set back or a podium and point tower form be introduced to help create a human scale at street level; c) that shadowing impacts on surrounding development, publicly accessible open spaces and sidewalks be mitigated/minimized to the extent feasible; d) that sufficient spacing be provided between the building face of building towers to provide views, privacy for residents and to minimize any shadowing and wind tunnel impacts on surrounding development, streets and public spaces; e) that buildings be oriented to optimize sunlight and amenity for dwellings, private open spaces, adjoining public open spaces and sidewalks; f) that living areas, windows and private open spaces be located to minimize the potential for overlooking adjoining residential properties; that informal or passive surveillance of streets and other public open spaces be maximized by providing windows to overlook street and public spaces and using level changes, floor and balcony spaces elevated above the street level to allow views from residential units into adjacent public spaces whilst controlling views into these units; and h) that protection be provided for pedestrians in public and private spaces from wind down drafts. g) City Centre Zoning By-law The lands subject to this application are zoned "CC2" — City Centre Two, in the City Centre Zoning By-law 7553/17. This zone category permits the establishment of an apartment building along with a variety of non-residential uses. Report P/CA 52/18 June 20, 2018 Page 3 The City Centre Zoning By-law was approved by the Ontario Municipal Board on February 22, 2018. The by-law proposes new zoning categories, permits a broad range of uses; incorporates new development standards to regulate the size, location, massing and height of buildings; identifies minimum and maximum FSI; and introduces new vehicle and bicycle parking standards. Zoning By-law 7553/17 was enacted to implement the policies of Official Plan Amendment 26 and the City Centre Urban Design Guidelines. The subject lands are also subject to an "H" Holding Provision (Holding Provision H6). The requirements for lifting the "H6" holding provision requires the applicant to address the following conditions: • the submission of a block development plan, approved by City Council for the orderly development of the lands; • the preparation of a comprehensive transportation study; • the execution of a cost sharing agreement for community uses, public parks, municipal roads and infrastructure to support the development of the lands; • the preparation of an Environmental Impact Study and detailed engineering design and restoration plan for the rehabilitation of Krosno Creek valley corridor; and • the execution and registration of an agreement to restore and rehabilitate the Krosno Creek valley corridor, and upon completing of the works, the conveyance of any lands and buffers associated with the valley corridor to public ownership. The applicant has submitted the required studies and materials in support of lifting the "H6" Holding provision, and staff will be bringing forward a zoning by-law amendment to the June Council meeting to remove the holding provision on the subject lands. City Centre Urban Design Guidelines On April 11, 2017, City of Pickering Council approved the City Centre Urban Design Guidelines. The purpose of the City Centre Urban Design Guidelines is to provide design direction for intensification, to guide buildings and private development, as well as, investments in public infrastructure in the City Centre. Although the Urban Design Guidelines expresses the City's design objectives, they do not preclude alternative options. As guidelines they offer flexibility in their application, provided that the overall intent of the guidelines are maintained. Appropriateness of the Application Main Wall Step Back Variance The City Centre Zoning By-law requires buildings greater than 37.5 metres in height to provide a minimum 3.0 metre main wall step back of the tower portion of the building from the podium. The main wall step back is intended to setback the tower portion of the building from the podium to create a pedestrian friendly human scale built form along the street edge. Report P/CA 52/18 June 20, 2018 Page 4 The proposed reduction to the main wall step back is due to the building design incorporating an architectural glazed column, which represents a very small portion of the Bayly Street facade, approximately 4.0 metres in width. The remaining portion of the tower complies with the step back requirements. The building is well articulated using unique massing configurations and provides sufficient stepping of the upper levels creating an attractive streetscape. Tower Floor Plate Variance The zoning by-law permits a maximum tower floor plate of 850 square metres, which is calculated as an average area of the floors above the podium. The applicant is proposing a maximum tower floor plate of 1,150 square metres. The City Centre Urban Design Guidelines recommend that a floor plate for a residential tower, the portion of the building above the podium, shall generally not exceed 850 square metres. The intent of the maximum floor plate is to reduce the impacts the tower portion of the building can have on views, privacy, wind, and the amount of sunlight and shadows that reach the public realm and neighbouring properties. The north -south orientation of the proposed building reduces the scale of the building as it relates to the Bayly Street frontage and to the existing residential area on the south side of Bayly Street. In addition, the submitted shadow study illustrates minimal impacts to amenity areas and to adjacent properties to the north, west and east, and with no impacts identified to the existing residential areas on the south side of Bayly Street. On a site-specific basis where adequate tower separation, setbacks, and step backs are achieved, flexibility in the maximum floor plate size could be considered for the tower. The applicant's proposal generally addresses the urban design objectives established in the City Centre Urban Design Guidelines, and satisfies the building separation and setback requirements in the zoning by-law. City Development staff will continue to explore opportunities to maximize the separation distances between the proposed building and future buildings. Building Height Variance The City Centre Zoning By-law requires a maximum building height of 47 metres for buildings abutting Bayly Street. The applicant is requesting to increase the maximum building height to 51 metres to accommodate a 17 storey mixed-use building. The zoning by-law provides maximum building heights that range from 47 metres at the Bayly Street frontage to 122 metres adjacent to the railway and Highway 401 corridors. The smaller building heights adjacent to Bayly Street are intended to maintain an appropriate scale to surrounding buildings and streets. The additional 4 metres in height will not adversely impact the surrounding lands and is in keeping with the anticipated heights and built forms for the City Centre neighbourhood. Report P/CA 52/18 June 20, 2018 Page 5 Input From Other Sources Engineering Services • no comments on the application Toronto and Region Conservation Authority • Conclusion no objections but a TRCA permit is required The massing, scale, height and architectural details of the proposed building has been peer reviewed by the City's Urban Design Review consultant and has indicated their support for the design of the proposed development. City Development staff are satisfied that the overall architectural design, massing, and height of the proposed building maintains an appropriate scale to the existing and future buildings within the City Centre neighbourhood; minimizes any adverse impacts with respect to shadowing and privacy; creates a pedestrian friendly human scale streetscape along Bayly Street; and promotes high quality urban design supporting the City's long-term vision for the City Centre. For these reasons the requested variances maintain the intent and purpose of the Official Plan and Zoning By-law, are minor in nature and will result in a built form that is desirable for the appropriate development of the subject lands. Date of report: June 14, 2018 Comments prepared by: Tyler Barnett Nilesh Surti, MCIP, RPP Principal Planner, Site Planning Manager, Development Review & Urban Design TB:bs J7Documents\Development\D-3700\2018V'CA 52-18 Unique At Holding Corporation, 1467555 Ontario Ltd Report\Draft Report.doc Attachments Exhibit 1 p\cKeOlg c) 6014 O- A0� Poprad Avenue U Fuschia o L ane c 0 2 Tatra Drive • lb Subject Lands Bayly Street fits • 11111111 i'u Drava Street o'' 0',.1■' Fordon Avenueo !i1111111111111i�_1 !L. aer i:: I. 1110.111 la 1 111111111 eIII irg II IS . Garv..AeuOM ii2/�/1/�mo%6..►' fIIIIIIIIIII 0 0 cL 0 0 coT c f= -O 0 C44 Location Map File: P/CA 52/18 PICKERING City Development Department Applicant: Universal City One Developments Inc. Property Description: Part of Lot 21, Concession 1 Now Part 2, 40R-17380 (1474 Bayly Street) Date: May. 18, 2018 t The Corporation of the Cay of Pickenng Produced On par() under license from: ®Queers Pnrder, Ortano Ain stry of Nahral Resovices. AlI rights reserved.;® Her Majrsy the Queen In Right of Canada, Oepadmert of Nahral Resources. Airlifts resened.; D Teranet Enterprises Inc. and its suppliers all rights reserved.;® Municipal Properly Assessmert Corporation and its sWp(ers a®dgtts reseed; SCALE. 1..5. r��� THIS IS NOT A PLAN OF SURVEY. Exhibit 2 tCOEOf „tNM„ to permit a maximum building height of 51 metres FUTURE DEVELOPMENT IcafIUTOI IO,,LL,NN PAMULA I UNE OF FJ09TNO ICE RYA,� \ .. r / CUI •uru,•rwu,c FUTURE DEVELOPMENT $ WITOR MAREA «IRNFOF UOPNAN00.40911 AREA t O To permit a maximum tower floor plate of 1150 square metres for a residential building '"C" T OITRAHCE ,O` 4U MOPP IIVAGE WILYEU tl moo 0 —PEVg 1IlEq a MAIN ROOF ®IT 0 N BUILDING E PROPOSED 17 STOREY RESIDENTIAL BUILDING 275 UNITS F.F.E. = 83.30m FA FUTURE DEVELOPMENT MAIN ROOF —{—i-tl -I Eµ To permit a building greater than 37.5 metres in height to provide a minimum main wall setback of 1.6 metres from the main wall of a point tower and the main wall of a podium on any building face abutting a street line T PICKERING City Development Department Submitted Plan File No: P/CA 52/18 Applicant: Universal City One Developments Inc. Property Description: Part of Lot 21, Concession 1, Now Part 2, 40R-17380 (1474 Bayly Street) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 4, 2018 cdy oh DICKERING Report to Committee of Adjustment Application Number: P/CA 53/18 Date: June 20, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 53/18 G. Griffin and S. Peshke 1831 Fairport Road Application The applicant requests relief from Zoning By-law 3036, as amended: • to permit a maximum height of 3.89 metres, whereas the maximum height for an accessory building is 3.5 metres The applicant requests approval of this variance in order to obtain a building permit for the construction of a detached garage located in the rear yard of the subject property. Recommendations The City Development Department considers the requested variance 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 variance applies only to the construction of a detached garage, as generally sited and outlined on the applicant's submitted plan (Exhibits 2, 3 and 4). That the applicant obtain a building permit for the proposed construction by June 22, 2020, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" and "Open Space System — Natural Areas" within the Dunbarton Neighbourhood. Zoning By-law 3036 — "R3" — Third Density Residential Zone. Report P/CA 53/18 June 20, 2018 Page 2 Appropriateness of the Application Maximum Height Variance The intent of the zoning by-law provision requiring a maximum height for accessory buildings is to ensure that the accessory use such as a garage is for personal use or personal storage reasons only while allowing for enjoyment of the rest of the rear yard amenity space and to minimize any adverse impact on adjacent neighbours. The applicant has requested to construct a 2 car garage in the rear of the existing dwelling and to allow for a maximum height of 3.89 metres measured to the midpoint of the garage whereas the by-law permits a maximum height of 3.5 metres. The applicant has noted the additional height requested is to accommodate vehicles and storage space above the vehicles in the roof. As the garage is proposed to be setback in the rear yard from the current dwelling and neighbouring dwellings, the impact of the requested height is anticipated to be minimal. A significant amount of soft landscaped amenity space in the rear yard will remain. The lot fabric in the immediate area includes lots with narrow frontage and long depths and therefore a rear yard garage is typical and appropriate in this instance. The requested variance is minor in nature, desirable for the appropriate development of the land and maintains the intent and purpose of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: June 12, 2018 Comments prepared by: Elizabeth Martelluzzi Planner 11, Heritage EM:DW:bs • no comments on the application • note: applicant will be required to provide a detailed grading plan with the building permit application detailing drainage patterns and indicating that adjacent property will not be affected J:\Documents\Development\D-3700\2018\PCA 49-18 J. CnchtonkReport\PCA 49-18 Report.doc Attachments Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 1 4 O In a) 0 N Q Strouds Lane • Jacque\` \ PICKERING City Development Department lI \ I I Welrus Street • • Location Map 0 O • 0 U 0 O O S Bonita Avenue - Subject — Lands 0 0 0 m LL LL • GoldenridRoad 11111111 —" '"111111 Rushton Road File: P/CA 53/18 Brookshire O N U Iv 7)- a) N S 0/9 maw mom imm mo_ _im= m mo MEI om 111111 mu_ _= immo .= Nimmi maw ., 60, as -J Y 0 U Applicant: G. Griffin & S. Pesckhe Property Description: Lot 101, Plan 1051 (1831 Fairport Roa 9 he Cor porabon of the City of kenng Produced (m part)under license from: 0Omens Pnnder, Otano Mlnstry of Natural Re All tights reserved.i Her Majesty the Queen In Rlghl of Canada, Department of Natural Resources. AI netts reserved.; J Tera net Enterprises Inc. and its suppliers all rights reserved.; O Munlolpal Properly Assessment Corporation and its sspp5ers a C13 0 CO Registrar's Compiled Plan Hefts reserved.; Date: May. 23, 2018 SCALE: 1:5,000 THIS 15 NOTA PLAN OF SURVEY. Exhibit 2 L:\Planning\CoreI\Plann ing'pps\PCA\2018 ILII I Z I 1128,01 MI �i091 Mr+; 420' NOT TO SCALE ti ' 73 -U O I'xi;,, ZT ah' 34'-b 1/2" EXISTING HOUSE 94' O Om MI I 10 45 PROPOSED i AT I GARAGE { CI L" 1EXISTINO DRIVEWAY k lJ1 to 1 `% SITE PLAN ` Al ;' SG E 111 b" = 1 ' a" To permit a maximum building height of 3.89 metres N Submitted Plan oil 4 File No: P/CA 53/18 . P1CKE R1 NG Applicant: G. Griffin & S. Peschke Property Description: Lot 101, Plan 1051 Registrar's Compiled Plan City Development (1831 Fairport Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 31, 2018 L:\Planning\CoreI\Plann ing'pps\PCA\2018 Exhibit 3 L:\Planning\Corel\Planning \Apps\ PCA 2018 7.87 M 25-10" 1.81 M X CV - '‘ - — \ 1 25-10" ' N V' ZN <f 1 = -----------------'----------_____ .____._— --. 7" , rr. aim* mum i illP m o 1111I ---------- ZN rcr �__-.., cl -- N d1 OE�0 0 ED _ m1 N / I 1 / / - I 21'10.. /(1 m 6.65 M 21'-10" `s 6.65 M PROPOSED FRONT ELEVATION PROPOSED REAR ELEVATION ® SGALE 1/4" = 1'0" A6 SCALE 1/4" = 1'0" Front and Rear Elevations C4 File No: P/CA 53/18 o/ PICKERI NG Applicant: G. Griffin & S. Peschke Property Description: Lot 101, Plan 1051 Registrar's Compiled Plan City Development (1831 Fairport Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 31, 2018 L:\Planning\Corel\Planning \Apps\ PCA 2018 Exhibit 4 X r- X X 44. f‘t 33'-10" 10.51 I4 FROPOSEP LEFT ELEVATION SCALE 114" = 0" 14. cN 35-10" PROFOSED RIGHT ELEVATION 5GAE 1/4` 1' 0" cd,r PICKERING City Development Department Side Elevations File No: P/CA 53/18 Applicant: G. Griffin & S. Peschke Property Description: Lot 101, Plan 1051 Registrar's Compiled Plan (1831 Fairport Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT fl -IE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: May 31, 2018 LAPlanning \Corel Planning1Apps PCA \2018 DICKERING cdy Report to Committee of Adjustment Application Number: P/CA 54/18 Date: June 20, 2018 From: Nilesh Surti, MCIP, RPP Manager, Development Review & Urban Design Subject: Committee of Adjustment Application P/CA 54/18 Steele Valley Developments Ltd. 1300 Kingston Road, Pickering Application The applicant requests relief from Zoning By-law 7553/17 as amended, to permit a 167 square metre temporary outdoor display and sales (garden centre) use accessory to a food store use; whereas an outdoor display and sales (garden centre) use accessory to a food store use is not permitted by the by-law. The applicant requests approval of this variance in order to establish a temporary outdoor garden centre use until August 31, 2018. Please note that the size of the proposed garden centre use indicated in the Notice of Public Hearing was incorrect. The correct area of the outdoor garden centre is 167 square metres as identified on the applicant's submitted plan. Recommendations The City Development Department considers the proposed temporary outdoor display and sales (garden centre) use accessory to a food store use 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 variance apply only to the outdoor garden centre, as generally sited and outlined on the applicant's submitted plan. That this variance is null and void after August 31, 2018. Background In May of 2018, the City's By-law Enforcement Department received a complaint regarding an outdoor garden centre encroaching onto a sidewalk in front of the Pacific Market food store. Upon further review it was determend that an outdoor garden centre use is not permitted under the current zoning by-law. To rectify this non-compliance, the tenant has applied for a minor variance to permit a temporary seasonal outdoor garden centre use on the subject site. Report P/CA 54/18 June 20, 2018 Page 2 The applicant has indicated that they will, together with the property owner, apply for a site-specific rezoning application to expand the list of permitted uses to include an outdoor garden centre in order to address the location, size and timing of the outdoor garden centre. A site plan application will also be required to ensure that an adequate supply of parking is provided on site and accessible walkway connections are maintained. Comment Official Plan and Zoning By-law The Pickering Official Plan designates the subject lands as "Mixed Use Areas — City Centre" within the City Centre Neighbourhood. This designation allows for the broadest diversity of community services and facilities. This designation allows for the broadest range of uses including high density residential, retailing of goods and services, offices and restaurants, hotels, convention centres and community, cultural and recreational uses. The subject lands are zoned "CC1" — City Centre One within the City Centre Zoning By-law 7553/17, which permits a wide range of office, commercial, retail and residential uses, but does not permit an outdoor garden centre use. Appropriateness of the Application The tenant has advised that the outdoor garden centre will be ancillary to the food store and will occupy an area of approximately 167 square metres located in front of the store. The operating time for the outdoor garden centre is seasonal during the spring and summer months (approximately between May 1st to July 31st). The size and location of the proposed outdoor garden centre will not negatively impact the parking area or impede any traffic flows on the site. Also adequate width of pedestrian walkway adjacent the garden centre will be maintained. The proposed outdoor garden centre will complement the existing and permitted commercial uses on the subject lands. The requested variance maintains the intent and purpose of the Official Plan and Zoning By-law, is minor in nature, and is desirable for the appropriate development of the subject lands. Input From Other Sources Engineering Services Date of report: June 14, 2018 Comments prepared by: Isabelle Janton Planner II, Site Planning IJ:NS:bs • no comments on the application Nilesh Su 1, MCIP, RPP Manager, Development Review & Urban Design J:1Documents\Development\D-3700t2018tPCA 54-18 Steele Valley Developments Ltd \Report\PCA 54-18 Report.doc Attachments Exhibit 1 c 0 U T N fD \‘ N Crescent / o 0 m L a rtfr Brands Court `-- Subject Lands a m 0 N 0 Liverpool Road Oty Location Map File: P/CA 54/18 of PICKERI NG City Development Department Applicant: Steele Valley Developments Ltd. Property Description: Pt Blks A & B, Plan M998 and Pt Lt 22, Con 1, Now Pts 1 to 5, 12 & 18 to 23, 40R-8184 (1300 Kingston Rd) Date: Jun. 06, 2018 0 The Corporation of the City of Pickering Produced tin part) under license from. ® Omens Pdn:er, Ortans ©nstryof NahalResouces. All rights reserved ,® Her Majesty the Queen In Right of Canada, Oepadmert of Natural Resources. AA rigks reserved.; HTeranet Enterprises Inc. and its suppliers all rights reserved.;® Munkdpal Property Assessmert Corporation and as sippers aldgtts reserved; SCALE. 1.5,000 THIS 15 NOTA PLAN OF SURVEY. Exhibit 2 1300 kJAJGS'TOW .4091, - / ,9c/f(C F/E7A/ rcu...: ---------- F0o4 /'/.i,,ek - . IRS RErM- MOE 7 / / / �/ n� L� i 1 — �� / : t EXISTING OR(VZVAY I / �'oOD 1 ro.lcE 3 0 EXISTING III c. /<---ts0, RETAIL a may. j • LI w- Li!��i4a1�'��i44%, _ 'EASING , y'r i�4 SIDEWALK opo yr 4z - r ``�"r-�„r� E705TiNG DRNE'KAY - J ( 7 ���• I , Qv-' d' mom�� L % I To permit an • IP %,i outdoor display -. and sales (garden /'.'� I centre) use �;. \ u I accessory to a �'�+..�LLJ: —' -.. - � 1 food store use ---m _ LANDSCAPED AREA ... Ait Submitted Plan C4 File No: P/CA 54/18 60/ PICKERING Applicant: Steele Valley Developments Ltd. Property Description:Pt Blks A & B, Plan M998 and Pt Lt 22, Con 1, Now Pts 1 to 5, 12 & 18 to 23, 40R-8184 City Development (1300 Kingston Rd) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: June 1, 2018 L:\P l a n n i n g\C o re I\ P l a n n i n gW p ps\ P CA\2018