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HomeMy WebLinkAboutOctober 3, 2018city PICKERING Committee of Adjustment Agenda Meeting Number: 13 Date: Wednesday, October 3, 2018 pickering.ca Cly 4 DICKERING Agenda Committee of Adjustment Wednesday, October 3, 2018 7:00 pm Council Chambers Page Number (I) Adoption of Agenda (II) Adoption of Minutes from September 12, 2018 1-13 (III) Reports 1. (Tabled at the August 1St meeting) 14-23 P/CA 61/18 D. Coleman & K. Campbell 565 Whitevale Road 2. (Deferred at the August 22nd & September 12th meetings) 24-29 P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court 3. P/CA 83/18 M. Siwak 1700 Conacher Crescent 4. P/CA 84/18 P. Chevelon & M. Ceraphin 1623 Dellbrook Street 5. P/CA 86/18 J. & S. Dennis 355 Rouge Hill Court 6. P/CA 87/18 Duffins Point Inc. 2460 Brock Road 7 P/CA 88/18 K. & K. Mortley 848 Liverpool Road 8. P/CA 89/18 R. Willis & L. Kowalenko 668 Pleasant Street 9. P/CA 90/18 K. Ngo 862 Fairview Avenue 30-35 36-39 40-45 46-51 52-58 59-61 62-66 For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca Agenda October 3, 2018 Committee of Adjustment Page 2 of 2 Page Number 10. P/CA 91/18 67-71 Mattamy (Seaton) Limited Taunton Road (Fall Harvest Crescent) (IV) Adjournment For information related to accessibility requirements please contact: Lesley Dunne T. 905.420.4660, extension 2024 Email Idunne@pickering.ca c4 DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers 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, September 12, 2018 meeting be adopted. Carried (II) Adoption of Minutes Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 11th meeting of the Committee of Adjustment held Wednesday, August 22, 2018 be adopted as amended. Carried Page 1 of 13 2 DICKERING cdy Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers (11I) Reports 1. (Tabled at the May 20, 2018 meeting) P/CA 45/18 & P/CA 46/18 J. Greig 5061 William Street Moved by Tom Copeland Seconded by Eric Newton That applications P/CA 45/18 & P/CA 46/18 by J. Greig, be lifted from the table. Carried Unanimously 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 of a hectare, whereas the by-law requires a minimum lot area of 0.3 of a hectare. 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 of a hectare, whereas the by-law requires a minimum lot area of 0.3 of a hectare. 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 approval subject to conditions. Written comments were received from the City's Engineering Services Department expressing no comments on the application. Written comments received from the Durham Regional Health Department expressing no objection to the approval of the applications. Residents of 5088 Brock Road submitted written comments outlining their opposition to the applications. The comments outlined that the requested variances do not meet the four tests, do not maintain theintegrity 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. Marc De Nardis, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 2 of 13 cd, �f DICKERING 3 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers In response to questions from Committee Members, Marc De Nardis stated that the future dwellings would be in line with each other while the existing dwelling will remain on the retained parcel. The proposed dwelling can meet the required zoning setbacks. Marc De Nardis also stated he has met with the concerned neighbour and has satisfied theirconcerns. In response to questions from Committee Members, the Secretary -Treasurer stated the homes on the south side of William Street are subject to the same Official Plan provisions and explained the variance application is considered infill development. Moved by Sean Wiley Seconded by Eric Newton That applications P/CA 45/18 & P/CA 46/18 by J. Greig, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That the applicant obtain clearance for the future Land Division Application by September 13, 2021 or this decision shall become null and void. Carried Unanimously 2. (Deferred at the August 22, 2018 meeting) P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385/90: ® to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which are not part of the main building to be erected in the rear yard ® to permit an accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines ® to recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line; whereas the by-law requires that accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines Page 3 of 13 4 c4 o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers The applicant requests approval of these variances in order to permit an accessory building (shed) in the side yard and to recognize an accessory building (cabana) in the rear yard. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were received from the City's Engineering Services Department indicating Development Services have reviewed the revised application and have been provided with additional information regarding the location of the accessory building (shed) with respect to the property line and has no objection to its location, as it will not have an adverse effect on the neighbouring properties. Development Services also expressed no objection to the other requested variances. The City received a petition in support of the application containing signatures from 18 residents, including two directly adjacent to the subject property. Dean Bowler, applicant, was present to represent the application. John Reid -Wilkinson of 2513 Linwood Street was present in objection to the application. Dean Bowler indicated that the shed was constructed in the same location as a previous shed on the property; that he obtained 18 signatures in support of the application; and the City has confirmed that the new shed does not require a buildingpermit as it is under the maximum size. In response to a question from a Committee Member, Dean Bowler stated they are able to provide maintenance around the shed. John Reid -Wilkinson spoke to the correspondence previously submitted in opposition to the application. John Reid -Wilkinson expressed concerns that the location of the shed does not provide adequate space for maintenance; the fence was not put back in the same condition as it was prior to construction; the existing shed does not have an eavestrough; the current set back of the shed is 0.2 of a metre which is less than the requested variance; measurement of the shed is approximately greater than the maximum by-law requirement; and the shed has a visual impact on his property. John Reid -Wilkinson also stated that he would like the shed moved to the rear yard to comply with the City Zoning By-law; and that the applicant replace the entire length of the fence. John Reid -Wilkinson submitted a petition containing signatures from 12 residents, agreeing that the existing shed should be moved in order to meet the City Zoning By-law. Page 4 of 13 C4 o� DICKERING 5 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Moved by Eric Newton Seconded by Tom Copeland That application P/CA 65/18 by D. Bowler & M. Tayler, be Deferred to the next Committee of Adjustment meeting to allow the Committee Members to conduct a site visit with City Staff. Carried Vote Tom Copeland in favour David Johnson in favour Eric Newton in favour. Denise Rundle opposed Sean Wiley in favour 3. P/CA 76/18 A. Sukhra 1503 Alpine Lane The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit a covered platform (deck) not exceeding 1.3 metres in height above grade to project a maximum of 3.8 metres into the required rear yard, whereas the by-law permits uncovered steps and platforms exceeding 1.0 metre in height above grade to project a maximum of 2.5 metres into the required rear yard of each lot so long as no part thereof shall exceed 2.5 metres in depth or 6.0 metres in width. The applicant requests approval of this variance in order to obtain a building permit for the construction of a covered platform (deck) within the rear yard. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Adhein Sukhra, applicant, was present to represent the application. Celestino Salvagna was present in objection to the application. Adhein Sukhra stated the deck is to provide space for their growing family to enjoy the back yard. Adhein Sukhra also stated they only enlarged the area of the deck and that the height remains the same. In response to questions from Committee Members, Adhein Sukhra indicated the deck is existing and agreed to incorporate landscaping and trees to screen the adjacent property. Page 5 of 13 6 PJCKER1NG ct/, Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Celestino Salvagna expressed a concern with the location, size and height of the deck and loss of privacy. Celestino Salvagna would like to have a condition to provide tree plantings to provide privacy. Due to the subject site abutting 3 properties, the Toss of privacy and that the impact may not be as severe, and the replacement deck being built at the same height, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Eric Newton That application P/CA 76/18 by A. Sukhra, 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 proposed covered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the proposed construction by September 13, 2019 or this decision shall become null and void. 3. That the applicant provide appropriate landscaping and privacy trees. Carried Unanimously 4. P/CA 77/18 Frontdoor Developments (Pickering) Inc. 2090 Duberry Road The applicant requests relief from Zoning By-law 3036, as amended by By-law 7541/17, to permit a temporary sales facility (residential home sales), whereas the by-law does not permit a temporary sales facility. The applicant requests approval of this variance in order to permit a temporary sales facility on the subject lands for residential home sales. The Chair advised that application P/CA 77/18 by Frontdoor Developments (Pickering) Inc., has been Withdrawn. Page 6 of 13 C4 of P1(IKERJ NG 7 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers 5. P/CA 78/18 D. De Freitas 1669 Portland Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 1698/83: ® to permit a minimum rear yard depth of 5.7 metres; whereas the by-law requires a minimum rear yard depth of 7.5 metres ® to permit a maximum lot coverage of 42 percent; whereas the by-law requires a maximum lot coverage of 38 percent The applicant requests approval of these variances in order to obtain a building permit for a recently constructed addition., The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Diana De Freitas, applicant, and Crystal De Freitas were present to represent the application. Terence Arvisais of.1665 Portland Court was present in objection to the application. Crystal De Freitas spoke on behalf of Diana De Freitas, she explained the sunroom replaces a shed. In response to questions from Committee Members, Crystal De Freitas stated the sunroom is insulated, has electrical, and would be used all year round. Terence Arvisais expressed several concerns that the addition has been built without a permit; windows and siding have been installed and electrical installed with no inspections. Terence Arvisais also stated if there is ever a fire it will impact the immediate neighbour because the homes have been built so close together. Terence Arvisais also questioned if it is City's policy to build first and then apply for a building permit. In response to a question from a Committee Member, the Secretary -Treasurer explained the building permit process. Due to the required inspections, building code requirements and the application being subject to obtain a building permit, Sean Wiley moved the following motion: Page 7 of 13 8 Cd <L PJCKER1N Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Moved by Sean Wiley Seconded by Tom Copeland That application P/CA 78/18 by D. De Freitas, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That these variances apply only to the existing addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the proposed construction by September 12, 2019, or this decision shall become null and void. 3. That the existing addition is not to be heated or used as a primary habitable living space. Carried Unanimously 6. P/CA 79/18 I. Hayhurst 4871 & 4875 Victoria Street The applicant requests relief from Zoning By-law 3037, as amended by By-law, 6640/06 to permit a minimum rear yard depth of 3.3 metres; whereas the by-law requires a minimum rear yard depth of 9.0 metres. The applicant requests approval of this variance in order to obtain a building permit to construct an addition to the existing detached dwelling. 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 four area residents in support of the application. Ian Hayhurst, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Ian Hayhurst explained the history of the property and the application. In response to a question from a Committee Member, Ian Hayhurst stated the subject property has no heritage concerns. Page 8 of 13 C4, DICKERING 9 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Moved by Denise Rundle Seconded by Tom Copeland That application P/CA 79/18 by I. Hayhurst, be Approved on the grounds that the minimum rear yard depth of 3.3 metres is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the applicant provide the City with a Solicitor's Undertaking indicating that the 2 parcels known municipally as 4871 Victoria Street and 4875 Victoria Street have been consolidated on title within 6 months of this decision and prior to the issuance of a building permit. 2, That this variance apply only to the proposed addition, as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2, 3 & 4 contained in Committee of Adjustment Report dated September 12, 2018). 3. That the applicant obtain a building permit for the proposed construction by September 14, 2020, or this decision shall become null and void. Carried Unanimously 7. P/CA 80/18 1331301 Ontario Inc. In Trust 1450 Pickering Parkway The applicant requests relief from Zoning By-law 7553/17, as amended, to permit a minimum landscaped area of 1.5 metres between an existing residential development and proposed drive aisle, whereas the by-law requires a minimum 3.0 metre wide landscaped area between any existing residential development and parking spaces or aisles. The applicant requests approval of this variance in order to obtain site plan approval for a proposed Retirement Home. The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Kathryn Randle, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Page 9 of 13 10 c_ KER1N Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers Kathryn Randle explained the proposed retirement home will be 8 storeys and contain 167 units with 3 levels of care. In response to questions from Committee Members, Kathryn Randle stated the proposed building is unable to be shifted due to easement constraints on the property and the location and configuration of the driveway. Kathryn Randle also stated the landscaping will be shrubs and tall grasses. Moved by Tom Copeland Seconded by Eric Newton That application P/CA 80/18 by 1331301 Ontario Inc. In Trust, 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 proposed development, as generally sited and outlined on the applicant's submitted plan (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain final site plan approval for the proposed construction by September 13, 2021, or this decision shall become null and void. Carried Unanimously 8. P/CA 81/18 S. Thaneeskaran 543 Rosebank Road The applicant requests relief from Zoning By-law 2511, as amended by By-law 3132/89: • to permit an uncovered platform (deck) 1.0 metre in height above grade to project a maximum of 1.0 metre into the required rear yard; whereas the by-law does not permit uncovered steps or platforms to project into the required rear yard • to permit an existing accessory structure greater than 1.8 metres in height to be setback a minimum of 0.8 of a metre from the south lot line and 0.9 of a metre from the east lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines The applicant requests approval of these variances in order to obtain a building permit for a deck located in the rear yard and recognize an existing accessory structure (shed) located in the rear yard. Page 10 of 13 6-4 PJCKERJ NG 11 Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Vasandhi Vimalesan, agent, was present to represent the application. Steven Guest of 545 Rosebank Road was present in favour of the application. Vasandhi Vimalesan explained the shed has existed for approximately 9 years and the new deck replaces and enlarges a previous deck. Moved by Tom Copeland Seconded by Sean Wiley That application P/CA81/18 by S. Thaneeskaran, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: That these variances apply only to the uncovered platform (deck) and accessory structure (shed), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant obtain a building permit for the subject deck by September 12, 2020, or this decision shall become null and void. Carried Unanimously 9. P/CA 82/18 G. & R. Hamdan 1505 Terracotta Court The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit an uncovered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 4.1 metres into the required rear yard; whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height above grade to project not more than 1.5 metres into any required rear yard. The applicant requests. approval of this variance in order to obtain a building permit to construct a deck in the rear yard. Page 11 of 13 12 cdy DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers The Secretary -Treasurer outlined the staff recommendation from the City Development Department recommending approval subject to conditions. Written comments were also received from the City's Engineering Services Department expressing no comments on the application. Giath and Rola Hamdon, applicants, were present to represent the application. Gregory Cameron of 1504 Reeser Court was present in objection to the application. Giath Hamdon explained that construction of the deck had been halted after a visit by a City inspector. Giath Hamdon stated the contractor did not advise that a building permit was required. Giath Hamdon stated that he is willing to work with the concerned neighbours and install privacy screening and landscaping. Gregory Cameron expressed several concerns that due to the deck is above the fence line there is loss of privacy. Gregory Cameron would like privacy screening to reduce the impact of the loss of privacy. Moved by Tom Copeland Seconded by Sean Wiley That application P/CA 82/18 by G. & R. Hamdan, 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 proposed deck, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2 contained in Committee of Adjustment Report dated September 12, 2018). 2. That the applicant provide a 6 -foot tall privacy screen/fence along the rear/south limit of the deck. That the applicant obtain a building permit for the proposed construction by September 13, 2019, or this decision shall become null and void. Carried Unanimously Page 12 of 13 C4 o� DICKERING Committee of Adjustment Meeting Minutes Wednesday, September 12, 2018 7:03 pm Council Chambers (IV) Adjournment Moved by Eric Newton Seconded by Sean Wiley That the 12th meeting of the 2018 Committee of Adjustment be adjourned at 8:24 pm and the next meeting of the Committee of Adjustment be held on Wednesday, October 3, 2018. Carried Unanimously Date Chair Assistant Secretary -Treasurer Page 13 of 13 13 1 CGz a�1 DICKERING Report to Committee of Adjustment Application Number: P/CA 61/18 Date: October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 61/18 K. Campbell & D. Coleman 565 Whitevale Road Application The applicant requests relief from Zoning By-law 3037, as amended: ® to permit a maximum accessory building height of 4.38 metres whereas the zoning by-law permits a maximum height of 3.5 metres The applicant requests approval of this variance in order to obtain a building permit for an existing accessory building (detached garage). 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 the variance apply only to the existing accessory building as generally sited and outlined on the applicant's submitted plans (Exhibits 2, 3, 4, 5, 6, & 7). 2. That the applicant obtain a building permit for the construction by October 4, 2019. Comment Official Plan and Zoning By-law Pickering Official Plan — "Rural Settlements — Rural Hamlet" Zoning By-law 3037, Amended by 2677/88 — "HMR3" — Hamlet Residential Zone Background The subject property is located within the Whitevale Heritage Conservation District (Whitevale HCD), on the south side of Whitevale Road, east of Golf Club Road. The owners of the property have recently completed construction to renovate and add to the existing heritage house. A building permit and heritage permit were obtained for the house renovations. Report P/CA 61/18 October 3, 2018 15 Page 2 A detached garage on the property has since been demolished and new garage has been constructed without building permits or a heritage permit. The owners of the property are requesting a minor variance to permit a maximum height of 4.38 metres for anexisting detached garage, whereas the zoning by-law permits a maximum height of 3.5 metres. On August 1, 2018 the Committee of Adjustment tabled Minor Variance Application P/CA 61/18, at the request of City staff. The staff report requested that the application be tabled until Heritage Planning staff and the Heritage Pickering Advisory Committee (Heritage Pickering) have reviewed the application and a heritage permit is obtained. Heritage Permit The subject property is located within the Whitevale Heritage Conservation District (Whitevale HCD), which is protected under Part V of the Ontario Heritage Act. The purpose and intent of the Whitevale District Plan and Guide is to guide the careful 'management and protection of the area's heritage resources including buildings and landscape features. Construction of a new accessory building such as a garage requires that the applicant obtain a Heritage Permit. At the Heritage Pickering meeting held on August 22, 2018, a Heritage Permit application for the detached garage was presented. Though staff and Heritage Pickering were not afforded the legislated review of the application prior to construction, some design details of the garage do meet the Whitevale District Guidelines and therefore it was recommended that landscape works be undertaken to reduce the visual prominence of the new detached garage. Heritage Pickering recommended that the applicant satisfy the City Development Department regarding the submission and approval of a landscape plan. The applicant shall introduce new plantings such as trees and mid height shrubs of native and/or heritage species in order to provide a visual buffer to the garage so that it is read as part of the visual backdrop rather than a principle structure. The applicant submitted a revised landscape plan which reduces the gravel driveway to a single lane, new sod is proposed in the existing gravel area, four Kentucky Coffee trees are proposed along the driveway and four White Spruce trees are placed at a location to provide fora visual buffer to the garage. The trees are native and heritage species. Staff and Heritage Pickering recommended that the Heritage Permit application be approved to recognize the existing detached garage and that alllandscape works as shown on the revised Landscape Plan shall be completed to the satisfaction of the City Development Department by November 1, 2018, and prior to the issuance of the Building Permit for the detached garage. Maximum Building Height Variance The applicants are requesting a .minor variance to permit a maximum height of 4.38 metres for an existing detached garage, whereas the zoning by-law permits a maximum height of 3.5 metres.. 1 6Report P/CA 61/18 October 3, 2018 Page 3 The general intent of the zoning by-law and official plan have been maintained. 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,. to maintain the dwelling as the principal structure, and to minimize negative impacts_ of height of such structures on neighbouring properties and on the streetscape. The property is designated as "Rural Settlements — Rural Hamlet" in the Pickering Official Plan, which permits residential and accessory uses. The garage which is for personal use remains secondary to the principal dwelling and the increased height would not negatively impact the enjoyment of neighbouring properties or the streetscape. The minor variance is minor in nature and minor in terms of impact. The increased height of the garage causes minimal impact on the enjoyment of space on neighbouring dwellings which are not in close proximity to the subject property. The streetscape is not negatively impacted due to vegetation surrounding the property and the placement of the garage. The garage is in the same location as the previous garage which was set back from the road and located further from the road than the dwelling. The minor variance is desirable and appropriate for the use of the land. The new garage presents a design approach that seeks to visually tie the new building to the principle residence/heritage building. The placement of the new garage on the footprint of the previous garage at the rear of the lot and the use of the same building materials used on the restoration of the principle residence follow the guidance given in the Whitevale District Plan and Guide. The landscape plan that staff and Heritage Pickering have reviewed seeks to minimize the impact of the height of the garage by installing new landscaping and minimizing thewidth of the driveway. 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: September 27, 2018 Comments prepared by: 4atifdA7, Elizabeth Martelluzzi Deborah Wylie, MCIP, RPP Planner II, Heritage Principal Planner, Development Review EM:jc J:1DocumentslDevelapmentlD-370012016WCA 61-18NRepodlPCA 61-18 Reparl doc Attachments Exhibit 1 0 0 0 z Churchw'n Street Subject Lands a (0 0 0 0 Whitevale Road 644 • Location Map File: P/CA 61/18 PICKERING City Development Department Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road Date: Jul. 03, 2018 0 The Corporates of the City of Pickering Produced (In part) under license franc Q Queens Pdrder, do Mlristyaf Natural Resources. All rights reserved. Her Majesty the Queen In Right Of Canada, Department of Natural Resouces.Atl rights reserved.; JTeranel Enterprises Inc. and lb supppers all rights reserved.;® Munlelpel Property Assessment CorporatIon ard Its suppGere al rights reserved.; SCALE' 1.5,000 -UIS IS NOT A PLAN OF SURVEY. Exhibit 2 co L:\Planning\Corel\Planning\Apps\PCA12018 �i111■1■1111111■1111i - I 1■11■1■111■1■■11111i 11111U1111111111111I 11111 EXISTING GARAGE Horn. TO BE REBU LT 1111111 82.10 SQM■■1 1Uwww i M. /11N 1111■111■111■111■11i 11■■■11111111■11■11u 1■111■111/111111111E I 4.55 l /\ STAIR 4. �_, 23.55 To -0.76 below FF= -0.15 belowf permit a 4.27 ' maximum height of PROPOSED DECK I 4.38 metres 4.57 X30 1, .35 below FF \ I \ \' I T B I \ { 2 STOREY HOUSE 565 WHITEVALE II I I Whitevale Road Site Plan ®Deck 1 : 200 SITEPLAN WAS PREPARED FROM CLIENT SUPPLIED DRAWINGS AND SITE MEASUREMENTS. IT IS NOT A SURVEY AND DIMENSIONS APPROXIMATE Submitted Plan City 4 File No: P/CA 61/18 P1 C KE RI N G Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 City Development (565 Whitevale Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning\Apps\PCA12018 Exhibit 3 DAVE COLEMAN r,ATE CAMPBELL 565 IAIRTEVAI E ROAD Ni -1f E_VA E; ON LANDS( APIN I:5C DECK ^LAL<1.1Ai E>(TNG GARAGE DRIVEHA; r %5 INATEVALE 1:50 k4NITEVAL E ROAD Cezy 4 PICKERING City Development Department Landscape Plan File No: P/CA 61/18 Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning\Apps\PCA\201 B Ca Exhibit 4 k i .-v LJ ^s S 1 to :N f }- L'La��l �' r.�I /`/ ;/ �i 111iii \ t�, �, 11_, I n nI 1 . r hY, I : - ` ,„,„_..„ f •} Y_....„ rr I L „. - - ...�_ _-r I 1 I t , i,„,� i , , , , , - _......„...,...,...._ _ _..,p, t5, ,! Y _ 1 I SI I 'x' INSI _ _ _ - 1 I i___. �ai x cF - / ,;. WI iii I n7 um of c u l 111111 III III 4 'H11111111 nVII -u U Tri +4 l A aK Submitted Elevation City 4 File No: P/CA 61/18 PICKERING Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 City Development (565 Whitevale Road) Department - FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. _ DATE: Sept 25, 2018 L:\Planning\Corel\PlanningApps PCA\2D18 Exhibit 5 I 14"LVLF »).7 I PROVIDE S MPSONHANGER4 FOR ALL FLUSH CONNECTIONS 14" LVL.F I (4,,! PICKERING City Development Department Submitted Floor Plans C O I cn O m O tr. I W W W J W j�{r-'—'�¢�> 2X12R °GE— T N. rl} ¢ ,iz i7 IIN X I x FRAME DORMER WALL x ' FRAMEWALL ON LVL BELOW ON DOUBLE LVL RAFTER N I^ I , FRAME DORMER WALLS I 14 p, --- ---a� , . ON 0008LE LVL RAFTER , L L j2)29 ---�-r 0.27- 241 ^,` r,t/ 3.02 D.27_ 243 ^ D21 ryry+ � ply .,• File No: P/CA 61./18 Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning\Apps\PCA1201 B .11 'I ___ EXISTING THICKENED SLAB FOUNDATION TO REMAIN • Jti,. L I 14"LVLF »).7 I PROVIDE S MPSONHANGER4 FOR ALL FLUSH CONNECTIONS 14" LVL.F I (4,,! PICKERING City Development Department Submitted Floor Plans C O I cn O m O tr. I W W W J W j�{r-'—'�¢�> 2X12R °GE— T N. rl} ¢ ,iz i7 IIN X I x FRAME DORMER WALL x ' FRAMEWALL ON LVL BELOW ON DOUBLE LVL RAFTER N I^ I , FRAME DORMER WALLS I 14 p, --- ---a� , . ON 0008LE LVL RAFTER , L L j2)29 ---�-r 0.27- 241 ^,` r,t/ 3.02 D.27_ 243 ^ D21 ryry+ � ply .,• File No: P/CA 61./18 Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning\Apps\PCA1201 B L n f LfL ��T.. – - T -- .>_-' 'T — . -I.. IS L -- L II _ I��I I, 111 - N L– 'J I L � -iI 1 -LH-) �- 10 1, 1 r r rn� iTr I 1 . J �. I _-I 101 I-{101-.1 .}- .-1 110 _ ' _. i I 1 r - L _' _ 1-'1-177 171 r I -' 1 I 14"LVLF »).7 I PROVIDE S MPSONHANGER4 FOR ALL FLUSH CONNECTIONS 14" LVL.F I (4,,! PICKERING City Development Department Submitted Floor Plans C O I cn O m O tr. I W W W J W j�{r-'—'�¢�> 2X12R °GE— T N. rl} ¢ ,iz i7 IIN X I x FRAME DORMER WALL x ' FRAMEWALL ON LVL BELOW ON DOUBLE LVL RAFTER N I^ I , FRAME DORMER WALLS I 14 p, --- ---a� , . ON 0008LE LVL RAFTER , L L j2)29 ---�-r 0.27- 241 ^,` r,t/ 3.02 D.27_ 243 ^ D21 ryry+ � ply .,• File No: P/CA 61./18 Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning\Apps\PCA1201 B Exhibit 6 N TO ROOF -;ik I _ r .. L. i . - L12 1 [ 2� 6.25 II 1, I� 1 11 � 1!.52� 1 10V ,- oto _ r 1-1- ;`i` 10 'ill 1 i 10 � I I _ iL Midpoint Roof -\ \/ ' 4.38 �' �1 L I 1 i 1 1 ^�� i' - + 1 so r 4 1, i L I- 1 I� J- �) •I ILII �1 I —1 1J � L 1- _ 1 1 II i II 1 L -r- I I (� Second Flao__ ,_.i ��, t- i 0 2.79 11 II II II lin II Ii II II II II II II n II 11 I1 �� 11 U Il �� II U Il U 2 . 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I I -I �_{ 11=111=111_1 i 1-111111— 1 I I-1 1 1-1 1— 1 1-11 1=11 1=1 .1' 1-1 1 1-7 ' I 11 -1 11'ACTUALOPE1,INGS=1825 SOF-1 :(-1 1 C-1 I I—I 11_1_1 I 1=1 —11 I— SIDE East Elevation West Elevation ORIGHTSIDE 1:50 1:50 Submitted Elevations Cts 4 File No: P/CA 61/18 PICKERING Applicant: K. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 City Development (565 Whitevale Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Corel\Planning \Apps\P CA\2018 Exhibit 7 I_. III �•?I ! I L ! Ji L —T_L!� --- I I I I I i I 1 TT r� -±t f� I 11 I n -Y_1L I'T.'1 i`7 i 1 I I I . ! 1 I r Z T I— I I I �! I TO ROOF 6.25 Midpoint Roof 4.38 _Roof 3.93 Second Floor 2.79 TW9 2.44 SLAB ON GRADE South Elevation 7-1(4" LVL COLLAR TIE 2X12 R(OGE i PROVIDE(1)3(4"O' I�!/�ij-•��, SIDE LT80TH'- ThRU BO �� "''�!!I.IIIIillllllllllllll Iplilllll I OSection 1 1 : 100 01) 70008- i-1 I I:(; �i ) (2) 7-1/4" LVL RAFTER SUPPORTING DORMER WALL (2)14" LVL HEADER 288 RAFTER 7-1(4" LVL COLLAR TIE '11 288 RAFTER .ill ►I IU I) OSection 2 1: 100 —I I ice) I- DICKERING City Development Department Submitted South Elevation and Cross Sections File No: P/CA 61/18 •Applicant: K.. Campbell & D. Coleman Property Description: Part Lot 30 Concession 4, Now Part 1 RP 40R4309 (565 Whitevale Road) FULL SCALE COPIES OFTHIS PLAN ARE AVAILABLE FOR VIEWING ATTHE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 25, 2018 L:\Planning\Cor&\P(ann)ng\P.pps\PCA\201 B 24 cdy oar P1CKERJN Report to Committee of Adjustment Application Number: P/CA 65/18 Date: September 12, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 65/18 D. Bowler & M. Tayler 1305 Cornell Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 3385/90: to permit an accessory building (shed) to be located in the north side yard; whereas the by-law requires all accessory buildings which .are not part of the main building to be erected in the rear yard • to permit an accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line; whereas the by-law requires accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines • to recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and 0/5 of a metre from the east lot line; whereas the by-law requires that accessory structures greater than 1.8 metres in height to be setback a minimum of 1.0 metre from all lot lines The applicantrequests approval of these variances in order to permit an accessory building (shed) in the side yard and to recognize an accessory building (cabana) 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 the proposed variances, subject to the following condition: 1. That these variances apply only to the existing accessory buildings (shed and cabana), as generally sited and outlined on the applicant's submitted plans and existing on the day of this report (refer to Exhibit 2). Report P/CA 65/18 September 12, 2018 Page 2 25 Background . Due to the circulation of an incorrect notice, P/CA 65/18 which was scheduled to be heard at the August 22, 2018 Committee of Adjustment Meeting is rescheduled to be heard at the September 12, 2018 Committee Meeting. In order to provide appropriate notice for the application under the requirements of the Planning Act staff recommended the,application be deferred and a revised notice sent out. The provision in the original notice stated that "accessory structures must be set back a minimum of 0.6 of a metre from all lot lines". The correct provision is "accessory structures. greater than 1.8 metres in height shall be setback a minimum of 1.0 metre from all lot lines". The subject accessory building is approximately 2.8 metres in height. At the August 22, 2018 Committee Meeting some concerns regarding the dimensions of the subject shed were raised. Since the August 22 meeting, staff has conducted a further review of the proposal, including a site visit with staff from the By-law Enforcement Division to re -measure the dimensions and setbacks of all accessory buildings on the property. The dimensions and setbacks provided in this reporthave been confirmed by staff and the applicant. The resulting review found that the other accessory building on the property (cabana) located in the rear yard, is setback approximately of 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line; whereas a setback of 1.0 metre is required. A variance to permit the accessory building (cabana) has been added to this application and included in the Revised Notice. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Areas" within the Liverpool. Neighbourhood Zoning By-law, 3036, as amended by By-law 3385/90 — "S3" Appropriateness of the Application Accessory Building (Shed) Located in the Side Yard and Reduced Setback Variance The intent of the requirement for accessory buildings to be located in the rear yard, is to maintain a visually attractive streetscape, maintain adequate buffer space between buildings on a property and street activity and avoid adverse impact on the streetscape. The intent of the zoning by-law for accessory buildings to provide a minimum setback from lot lines is to ensure that adequate space is provided for maintenance; that the eaves/overhangs do not encroach on adjacent properties, and that the visual impact on adjacent properties is minimized. 26 Report P/CA 65/18 September 12, 2018 Page 3 The by-law requires all accessory structures to be located in the rear yard and that accessory structures greater than 1.8 metres in height are to be set back a minimum of 1.0 metre from all lot lines. The applicant has constructed a shed located in the side yard having a height of approximately 2.8 metres, an area of approximately. 9.6 square metres and a setback 0.31. of a ,metre from the north lot line. The applicant has indicated that the subject shed replaced a previouslyexisting shed with the same side yard setback but a lower height. As the shed is less than 10.0 square metres in size, no building permit was required for its construction. The shed has a setback of over 15.0 metres from the front lot line and is well set back from the street. The accessory building has no impact on the streetscape, as it is fully screened from the street due to a fence with a gate and vegetation being located between it and the front lot line. The eaves/overhang of the subject shed is flush with its north wall and is peaked to ensure that rainwater will flow onto the subject property and not onto adjacent lands. The area along the north property line is graded to slope down'from the property line towards the dwelling. In their initial review of this application, Development Services recommended that the shed be set back a minimum of 0.6 of a metre from the lot line in accordance with Engineering Services Lot Grading Criteria. Based on the review of additional information regarding the location of the shed with respect to the property line, Development Services has confirmed that the shed is not expected to have an adverse effect on neighbouring properties and have revised their comments. Development Services has no objection to the location of the shed. The shed is partially screened by an existing fence along the north side yard, with the peaked roof being visible over the fence line. The existing dwelling is set back between 4.0 metres and 6.8 metres from the north side yard. The shed and a path to the rear yard are located. between the dwelling and the north side yard. The view from adjacent properties is of the side wall of the .dwelling and the roof of the shed over the fence. The existing height of the accessory structure appears to have minimal visual impact on adjacent properties, which would not be substantially altered by increasing the setback from the property line to the shed. At a setback of 1.0 metre, the peaked roof would still be visible. Accessory Building (Cabana) Setback Variance The intent of the zoning by-law for accessory buildings toprovide a minimum setback from lot lines is to ensure that adequate space is provided for maintenance, that the eaves/overhangs do not encroach oh adjacent properties, and that the visual impact on adjacent properties is minimized. The by-law requires accessory structures greater than 1.8 metres in height to be set back a minimum of 1.0 metre from all lot lines. The applicant has constructed a cabana having a height of approximately 3.3 metres setback 0.7 of a metre from the south lot line and 0.75 of a metre from the east lot line. The cabana is less than 10.0 square metres in size and did not require a building permit. Report P/CA 65/18 September 12, 2018 Page 4 The current location of the cabana appears to provide for adequate space to maintain the accessory structure on all sides. The eaves do not encroach onto adjacent properties and it appears that the location of the accessory structure will ensure that roof drainage will stay on the subject property. The existing shed has minimal visual impact on abutting properties as it is located in the south east corner of the property and is partially screened by a privacy fence to the east and south and mature trees to the east. Staff is of the opinion that the requested variances are 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 Development Services • Development Services has reviewed the revised application and has been provided with additional information regarding the location of the accessory building (shed) with respect to the property line and has no objection to its location, as it will not have an adverse effect on neighbouring properties • no objection to the other requested variances Petition signed by Residents of • a petition in support of the application was Cornell Court and Linwood Street received by the City containing signatures from 18 residents, including two directly adjacent residents Date of report: September 6, 2018 Comments prepared by: Rory McNeil Planner I RM:DW:jI \\FS\CSDC\Amanda docs\templates\CA\pmgrammed\CA Repod.doc Attachments Deborah Wylie, MCIP, RPP • Principal Planner, Development Review 27 28 Exhibit 1 1. ‘ Vv. i ji rin r Illk vliNsf4 ilihb. ara & 0 liall in - Hydro Corridor ci -"'""0111111IIIIIIIII w .., — ..... .,,,,, Fri .,,_ ... Brid�i 3 ,,, • Subject 1 �1' L,� Lands oift����111.i. in 11 Linwood Street ,, 0 E Ferncliff Circle > 0 a. a) fn 0 1 Parkdale Street Everton Stree = 4 or Finch Avenue Fieldli.ht Boulevard Fa lMil IISee Cresce Location Map File: P/CA 65/18 oI PICKERI NG City Development Department . Applicant: D. Bowler & M. Tayler Property Description: Bik 27, 40M1609, and Blk 39, 40M1682 1305 Cornell Court) Date: Jul. 23, 2018 0 he Corp oration of the City of Pickering Produced((nparpunder license from' aOueonsltnntor, Ontario Mnkuy of Hatura) Resources. Ali tights reserved.;® Het Ma}esiy the queen In Right of Canada, Oepxdment of Natant Resources. A0 rights reserved.; 0Torsnet Enterytses Inc. and Its suppliers all rights reserved.; 0 Mwddpal Pmpety Assessment Corporanon and ds suppters all tghN reserved.; SCALE: 1:5,000 THIS is ROTA PLAN OF SURVEY. Exhibit 2 To permit an. accessory building (shed) greater than 1.8 metres in height to be setback a minimum of 0.31 of a metre from the north lot line - To permit an accessory building (shed) to be located in the north side yard 0.75m Existing Detached Dwelling Existing Shed (9.6m2) Cornell Court To recognize an accessory building (cabana) greater than 1.8 metres in height to be setback a minimum of 0.7 of a metre from the south lot line and • 0/5 of a metre from the east lot line Existing Cabana - cdy�i PICKERING City Development Department Submitted Plan File No: P/CA 65/18 Applicant: D. Bowler & M: Tayler Property Description: Blk 27, 40M1609, and Blk 39, 40M1682 (1305 Cornell Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. L•\Planning \Corel\ Planning'Apps\P CA\2018 DATE: August 7, 2018 30 C•L� oaf DICKERING Report to Committee of Adjustment Application Number: P/CA 83/18 Date: October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 83/18 M. Siwak 1700 Conacher Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4365/93 to permit a partially covered platform (deck) 0.25 metres in height above grade to project a maximum of 6.1 metres into the required rear yard, whereas the by-law requires uncovered steps or platforms not exceeding 1.0 metre in height to project not more than 1.5 metres into any required front or rear yard. The applicant requests approval of this variance in order to obtain a building permit for a partially covered deck. The east portion of the deck will feature a roof, however the entire structure will be unenclosed. 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 apply only to the subject platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibits 2 & 3). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and vqid. Background The applicant began construction on a partially covered deck which projects approximately 6.1 metres into the required rear yard setback. The applicant has since been ordered to stop all construction activities and was directed to obtain a building permit. A minor variance application was submitted due to the non-compliance of the partially covered platform (deck). 31 Report P/CA 83/18 October 3, 2018 Page 2 Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Area" within the Brock Ridge Neighbourhood Zoning By-law 3036, as amended by By-law 4365/93 = "S2" Appropriateness of the Application Partially Covered Platform Projecting into the Required Rear Yard Variance The intent of the rear yard setback is to ensure adequate private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting owners, and to provide appropriate access to allow maintenance, lot grading and drainage. The subject property is a corner lot which fronts onto Conacher Crescent, the east side yard abuts Southcott Road, the rear of property abuts an institutional use (school), and the west side yard abuts a residential property. Zoning By-law 3036, as amended by 4365/93, states that uncovered steps or platforms not exceeding 1.0 metre in height may not project more than 1.5 metres into the required rear yard. The "S2" zone from the above mentioned Zoning By-law requires a 7.5 metre rear yard setback. The subject platform, measuring 7.3 metres in length, projects approximately 6.1 metres into the required rear yard setback. A rear yard setback of 1.47 metres is being maintained from the rear property line to the edge of the deck. Within the 1.47 metre setback is a variety of vegetation including two large coniferous trees which adequately screen the deck from the abutting property to the rear (school). The westerly neighbour at 1702 Conacher Crescent has tall plantings along the shared fence which appropriately screens the deck. Furthermore, the roof of the deck is set back approximately 8 metres from the shared property line. As a result, the deck's impact to this neighbour would be limited regardless of the presence of the existing screen. The property slopes down towards the exterior side yard thus the deck is situated at a higher grade than Southcott Road. As a result, the roof of the deck is visible from Southcott Road. The existing tall fence, vegetation, and 10.3 metre flankage yard setback all contribute towards mitigating the impact the deck has on the residential properties fronting onto the east side of Southcott Road. The proposed projection of the deck would still allow for adequate space for maintenance and would ensure an adequate private amenity space in the rear yard. Privacy for all neighbours can still be maintained. As such, 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. 32 Report P/CA 83/18 October 3, 2018 Page 3 Input From Other Sources Engineering Services ® no comments on the application Residents of 1702 Conacher Crescent, 2359 Southcott Road, 2357 Southcott Road, 2355 Southcott Road Date of report: September 24, 2018 Comments prepared by: Felix Chau Planner I FC:DW:so J:1Documents\Development1D-3700\2018\PCA 83-18112epod'PCA 83-18 Repod.docx Attachments' ® support the requested variance Deborah Wylie, MCIP, RPP Principal Planner, Development Review Exhibit 133 Third Concession Road Hydro Corridor Rossland Road W Town of Ajax 0 0 0 O O Cr 4 0.- 0) to •= %!"aaz� ar ...gum Subject Lands O O' L 0 0 • 64 4 Location Map File: P/CA 83/18 PICKERING City Development Department Applicant: M. Siwak Property Description: Lot 36 40M-1771 1700 Conacher Crescent) Date: Aug. 23, 2018 3 he Corporation or the City of Plckenng Produced (In pad)under license Isom: 0Queens Punter, Ontario Ministry of Nature) Resources, All rights reserved.O Her Majesty the Queen In Right or Canada, Department of Natural Resources. At rights reserved.; HTeranet Enterprises lno, and lis suppliers all rights reserved,;0 Municipal Popedy Assessment Corporation and Its suppgers all lights reserved.; SCALE. �.5r000 THIS IS NOTA PIAN OF SURVEY. 34 Exhibit 2 CONACHE CRESCENT 8.55 --,`\ •M ,9 N N(6 o _ • \ \ \ To permit a partially covered platform (deck) 0.25 metres in height above grade to project a maximum of 6.1 metres 1• 22 ` , ` into the required rear yard. -. co ____.3,5A—A ) EIST. 1 BRICK � t�10, STOREY /WLUNG 1700 % 0� \c\ 2, \�y� �O \w 1.27 8.81 i�—� 10.29--_\�� " —Prop pecker a �\ on Grade - N a ` • _ (h=25cm) (0 O� N '' LOT 36 \� • Prop. \ 1.32 Canopy y \ Prop. Deck N NI - Height Above —3.93 'd_ __�_._.------------- - x29.94 29,94 ____�_ __—_----- – — N Submitted Plan oh, 4 File No: P/CA 83/18 P 1 C KE R1 N G Applicant: M. Siwak City Development Property Description: Lot 36 40M-1771 Department _ (1700 Conacher Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 12, 2018 P 35 Exhibit 3 1 Prop, ]edk or. Grade 568:17' h• 10,61 -� L__1 Prop. Deck 9rze:1210.5k24' Hcyht Above BOeni 3 • I '1 N West Elevation Prop, Peat on Grado 91re: 17'0.5°a2610.5" • (I10.5') Prop peck. . SIu:1kgOSN24'\ HeightAbove COcrn Il II II II LJ it N iV South Elevation Gtyc1 PICKERING City Development Department Submitted Elevations File No: P/CA 83/18 Applicant: M. Siwak Property Description: Lot 36 40M-1771 (1700 Conacher Crescent) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 12, 2018 36 c4 DICKERING Report to Committee of Adjustment Application Number: P/CA 84/18 Date: October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 84/18 P. Chevelon & M. Ceraphin 1623 Dellbrook Avenue Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2015/85 to permit an existing covered platform (deck) not exceeding 1.0 metre in height above grade to project a maximum of 3.65 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 an existing a deck. 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 apply only to the existing covered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 4, 2019, or this decision shall become null and void. Comment Official Plan and Zoning By-law Pickering Official Plan — "Urban Residential Areas — Low Density Area" within the Brock Ridge Neighbourhood. Zoning By-law 3036, as amended by By-law 2015/85 — "S2" Report P/CA 84/18 October 3, 2018 Page 2 Appropriateness of the Application Covered Platform Projecting into the Required Rear Yard Variance The intent of the minimum rear yard setback is to ensure an adequate private amenity area is provided within the rear yard, appropriate setbacks are provided to protect the privacy of abutting property owners, and to provide appropriate access to maintenance, lot grading and drainage. The applicant proposes to permit an existing covered platform measuring 3.65 metres in width and 3.65 metres in length. Zoning By-law 3036, as amended by 2015/85, states that uncovered steps or platforms not exceeding 1.0 metre in height above grade may not project more than 1.5 metres into the required rear yard. In the case of the "S2" zone, the required rear yard setback is 7.5 metres. The deck maintains an appropriate size and contributes to the private amenity area within the rear yard. Adverse impacts to the rear yard neighbours will be limited for the fact that their properties are at a significantly higher grade than the subject property. Adequate buffer spaces from the rear and both side yard property lines have been maintained with soft landscaped areas. As such, there will be limited impact towards the privacy of neighbours and appropriate access to maintenance, lot grading and drainage will be maintained. Covered platforms are not permitted in the Zoning By-law as of right. Given the fact that the rear yard neighbours are situated at a significantly higher grade and that adequate buffer spaces have been maintained from both side yards, the existing cover proposes limited adverse privacy and visual impacts to the immediate 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 Date of report: September 24, 2018 Comments prepared by: Felix Chau Planner I FC:DW:so J:1DocumentslDevelopmen8D-3788128181PCA 84-181Repod8PCA 84-18 Repod.docx Attachments ® no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review 37 RR Exhibit 1 0 0, 0 0 Mcbrady Crescent 4 Location Map File: P/CA 84/18 PICKERI NG City Development • Department Applicant: P. Chevelon & M. Ceraphin Property Description: Lot 59 40M-1526 1623 DellbrookAvenue) Date: Aug. 28, 2018 9 hoCorporatonoftheCltyorPickeringProducedtlnpah)hrdenccensefrom.0QueensPrinter,Ontan°MmtshyofNaturalResources. 411 rights reeerved.0 Her Majesty the Queen In Right of Canada, Department of Natural Resources. Al rights reserved.; hTeranet Enterprises Inc. and Its supptlere all rights reserved.;® Murddpal Property Assessment Corporation and As suppers ell rights reserved.; SCALE: 1.5x000 THIS IS ttOT APLAN OF SURVEY. Exhibit 2 L•\Planning\Corel \ Planning \ Apps PCA12018 To permit a covered platform (deck) not exceeding 1 metre in height above grade to project a maximum of 3.65 r .\\\\\\\\\\\\\\\\\\\\ metres into the required rear yard. \ \ \ \\ \ S) 3.65x3,65 DECK \ `� \NEW 6, p6 Q Illi V, C'1,1r.-4 -.•,i ��I►P 4 0 .S `5 • \\ \ EXISTING TWO STOREY HOUSE ATTACHED GARAGE. 22 = 3.8.5 • 7:6 P co tv N 6.03 Submitted Plan 04 4 File No: P/CA 84/18 P1CKERING Applicant: P. Chevelon & M. Ceraphin Property Description: Lot 59 40M-1526 City Development (1623 Dellbrook Avenue) Department FULL SCALE COPIES OF THIS -PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. - DATE: Sept 13, 2018 L•\Planning\Corel \ Planning \ Apps PCA12018 40 Gtj of Report to P1CKER1N, Committee of Adjustment Application Number: P/CA.86/18 Date: Wednesday, October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 86/18 J. & S. Dennis 355 Rouge Hill Court Application The applicant requests relief from Zoning By-law 3036, as amended, to permit an uncovered platform (deck), not exceeding 2.7 metres in height above grade to project a maximum of 0.5 metres into the required rear yard and a maximum of 0.4 metres into the required side yard; whereas the by-law permits uncovered platforms not exceeding 1.0 metre in height above grade to project a maximum of 1.5 metres into the required rear yard and not more than 0.5 metres into the required side yard. The applicant requests approval of this variance in order to obtain a building permit for the constructionof an enclosed, uncovered platform (deck) in the side and rear yards. 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 apply only to the proposed uncovered platform (deck), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 3, 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" within the Rougemount Neighbourhood Zoning By-law 3036 — "R3" — Third Density Residential Zone Report P/CA 86/18 Wednesday, October 3, 2018 41 Page 2 Appropriateness of the Application Uncovered Platform (Deck) Projecting into the Required Side and Rear Yards The intent of the side and rear yard requirements are to ensure adequate amenity space is provided within the rear yard and appropriate setbacks are maintained to protect the privacy of neighbouring properties. Zoning By-law 3036 requires a minimum side yard setback of 1.8 metres and a minimum rear yard setback of 7.5 metres, however allows a deck to project a maximum of 1.5 metres into the rear yard and a maximum of 0.5 metres into the side yard (S. 5.7.b). Additionally, decks are permitted to be constructed a maximum of 1.0 metres in height above grade. The applicant proposes to replace an existing deck and stairs on the west side and rear of the dwelling with a new deck not exceeding 2.7 metres in height above grade to project a maximum of 0.5 metres into the required rear yard and 0.4 metres into the required side yard. Both the existing and proposed decks exceed the maximum permitted height of 1.0 metres above grade. While the proposed deck will have a greater encroachment into the side yard than the existing deck, it will encroach into the rear yard to a lesser extent than the existing deck and in fact conforms to the by-law provisions for maximum encroachment into the rear yard. With respect to the deck in the rear yard, the variance is required to permit the new deck to exceed the by-law provision of a maximum height of 1.0 metres above grade. The grading of the subject property and the neighbouring properties gradually slope downhill from the front lot to the rear lot line creating a walkout basement condition, therefore requiring a deck off the ground floor to be built greater than 1.0 metres in height above grade allowing for adequate amenity space in the rear yard and under the deck. The owner of the neighbouring property to the west at 353 Rouge Hill Court has indicated in a letter that there are no privacy concerns or any issues with the proposed deck. It appears that the proposed encroachment into the, side yard will have minimal impact on the adjacent property to the west. Staff is of 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 no comments on the application Resident of 353 Rouge Hill Court • no objection to the approval of the application 42 Report P/CA 86/18 Wednesday, October 3, 2018 Page 3 Date of report: September 24, 2018 Comments prepared by: Tanjot Bal Planner I TB:DW:j1 Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development0-3700 Committee of Adjustment (PCA Applications) »20181PCA 86-18 J. & S. DennlslReportlPCA 86-18 Report.docx Attachments Exhibit 143 ca 0 m c 113 Valley Gate Altona Road H ro Cc rric or Fiddlers Court TM inson Court Brookridge Ga' 0 o _ Rouge Hill c 0cu E Court Subject Lands \� Kmgston°o 6,0.\ VA 01'31 41 0 co Frontier Court a c0 .0 1 C1-4 Location Map File: P/CA 86/18 ori PICKERING City Development Department Applicant: J..& S. Dennis Property Description: Lot 7 40M-1590 (355 Rouge Hill Court Date: Sep. 05,.2018 U Corporation of the City o Pickering Produced (In part) underI a sofrom:0CueensPdnler,omanoMinistryofNaturalResources. All rights reserved,® Ler Majesty the Oueen In Right of Canada. Department of Natural Resources. AA rights reserved.; OTeraneI Enterprises Inc. and its suppliers all rights reserved.; 0 Municipal Properly Assessment Corporation and as suppleroali rights reserved.; SCALE: 1:5,000 THIS Is NOT A PLAN OF SURVEY. 44 Exhibit 2 pOL( HILL COCKY 1.8m r / r r'°''i`4cm ,,P.Ol57 Nl.6CCKf To permit an G' , iX15nRci maawr a uncovered platform 1.0m NtiLLI` l (deck) not exceeding r � � ,,., w, t gi: our 2.7 metres in height above grade to 1 til,r�crfu�a;:r�a5 j 1,134+.( ;4? F; / ' project 0.5 metres p � into the rear yard and aljle:.17dt--� .2.�°I-'«1" ' NM iii i� 0.4 metres into the i,,>IvI;yt ////////// 7////f/////////l� west . � 5'.C' , iL2� E lei -Y.,0/ / Submitted Plan Cts 4 File No: P/CA 86/18 f'1CKERING Applicant: J. & S. Dennis city Development Property Description: Lot 7 40M-1590 Department (355 Rouge Hill Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OFPICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 18, 2018 45 Exhibit 3 ti 1000 5II2 1-rVA11ON 1:50 1144 A -A D5 71)7 984 - II>I 110 _ 44 Vi 1,4 ( • 12(YJ 1114 H44 j 8x89 LOA WIZ RI P0.1I010 P051 AM5 (1YP) oz, Submitted Elevations 4 P 1 C K E R 1 N G. City Development Department File No: P/CA 86/18 Applicant: J. & S. Dennis Property Description: Lot 7 40M-1590 - (355 Rouge Hill Court) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 18, 2018 P 46 Ctry �f DICKERING Report to Committee of Adjustment Application Number: P/CA 87/18 Date: October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 87/18 Duffins Point Inc. 2460 Brock Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 7642/18: • to permit an outdoor garden centre in association with a retail store, whereas the by-law does not permit an outdoor garden centre ® to permit a patio area associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses'in Section 5(1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists • to permit a drive-through queuing lane associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists, whereas the by-law permits parking spaces for any uses in Section 5(1) of the by-law to be located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists The applicant requests approval of these variances in order to obtain site plan approval for a proposed commercial development. Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed commercial development, as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain site plan approval for the proposed commercial development, or this decision shall become null and void. - Report P/CA 87/18 October 3, 2018 Page 2 Background Since the submission of a site plan application on September 19,2016, the applicant has been working with staff to further refine the proposal to address leasing and tenant requirements. On June 20, 2018, Council adopted Official Plan Amendment No. 33 to permit the establishment of a single -storey commercial building with a drive-through, and enacted a site specific zoning by-law amendment (Zoning By-law 7642/18), which rezoned the subject lands to facilitate the development of a retail/commercial plaza with a broad range of uses. An outdoor garden centre was not a permitted use. Bill 73, the Smart Growth for Our Communities Act, 2015, amended the Planning Act, R.S.O. 1990; c. P. 13 by removing the ability to apply for a minor variance for 2 years following the passing of an applicant initiated zoning by-law amendment. However, the amendment also permits municipal Council to allow minor variance applications to proceed on a case-by-case basis by Council resolution. The Province indicated that the intent of the amendment is to prevent, for a two year period, zoning provisions that Council determines to be important from being reversed through the minor variance process. On September 23, 2018, City Council passed a motion granting an exemption for the subject lands in accordance with Section 45 (1.4) of the Planning Act, R.S.O. 1990; c. P.13 as amended. The motion permits the Committee of Adjustment to consider minor variance applications resulting from further processing of the site plan or building permit applications submitted by Duffins Point Inc., for 2460 Brock Road before the second anniversary of the enactment of an applicant initiated zoning by-law amendment for the subject lands. Comment Official Plan The Pickering Official Plan designates the subject property "Mixed Use Areas — Mixed Corridors" within the Duffin Heights Neighbourhood. Permissible uses within this designation include, but are not limited to: residential; retailing of goods and services generally serving the needs of the surrounding neighbourhoods; offices and restaurants; community, cultural and recreational uses, and special purpose commercial uses. The City Development Department considers an outdoor garden centre a retail use under the Official Plan. Zoning By-law The subject property is currently zoned "MU -32" — Mixed Use Zone within Zoning By-law 3037, as amended by By-law 7642/18, which permits a bake shop; commercial fitness/recreational centre, commercial school; convenience store; day care centre; drive-through facility; dry cleaning distribution centre; financial institution; food store; medical office; office; personal service establishment; restaurant; retail store and veterinary clinic. 47 48 Report P/CA 87/18 October 3, 2018 Page 3. Appropriateness of the Application Variance to permit an Outdoor Garden Centre The applicant is requesting to expand the permitted uses on the subject lands to include an outdoor garden centre as an accessory use to a retail store use. The applicant has indicated that they have secured a tenant (Home Hardware) who requires the use of an outdoor garden centre in association with the primary retail store use. The area of the proposed outdoor garden centre is approximately 240 square metres, immediately north of the retail store, on the most westerly portion of the subject lands (refer Exhibit 2). Staff are of the opinion that the submitted minor variance application will facilitate the intended use of the subject lands as a retail/commercial development. It is also staff's opinion that the proposed minor variance is in keeping with the general intent and purpose of the City's Official Plan and the site specific zoning by-law amendment, which is to permit a broad range of uses servicing a broader area including: retailing of goods and services; offices; restaurants; and community, cultural and recreational services. The proposed development is subject to an active site plan application, which allows City staff and external public agencies to comment and influence site layout, circulation and design. Prior to the issuance of final site plan approval, the City Development Department and external agencies are required to be satisfied with the detailed site design. The proposed commercial development will provide sufficient on-site parking to accommodate the uses permitted within the site-specific zoning by-law and the proposed outdoor garden centre. The size and location of the proposed outdoor garden centre will not negatively affect the parking area or impede any traffic flows on the site. Also, adequate pedestrian walkways adjacent to the garden centre will be maintained. The proposed outdoor garden centre will complement the proposed and permitted commercial uses on the subject lands and provide support for the large retail store it will operate in association with. 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. Patio Area and Drive -Through Variance The proposed development also includes a restaurant, accommodated within a building (Building 'F') at the southeast corner of the subject lands (refer to Exhibit 2). The applicant is proposing a drive-through facility and patio area in association with the restaurant. A restaurant and drive-through facility are permitted uses on the subject lands. The applicant has requested a variance to permit a drive-through queuing and patio area associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists. The variance is required as portions of both the proposed drive-through queuing lane and patio area encroach beyond the southern limits of the subject lands onto the abutting Hydro Corridor lands immediately to the south. 49 Report P/CA 87/18 October 3, 2018 Page 4 The zoning by-law only permits parking spaces to be located on the adjacent Hydro Corridor lands, where a legal easement or agreement exists. As indicated on Exhibit 2, a parking area, associated drive aisles and landscaped area are to be located on the adjacent Hydro Corridor lands immediately south of the subject lands. The Hydro lands will accommodate approximately 172 parking spaces and a 10.2 metre landscaped area along the entire southerly limit. A small portion of the drive-through queuing lane and patio area that are in conjunction with a restaurant will be located beyond the limits of the subject lands. The building that will accommodate the proposed restaurant will be wholly located within the limits of the subject lands and maintain the required setback from the south lot line. The proposed location of the drive-through facility behind the main building will ensure that it is adequately screened from the Brock Road streetscape. The proposed patio area will be located adjacent to the restaurant and provide pedestrian access to the building. As previously outlined, the proposal is subject to an active site plan application, which allows City staff and external public agencies to comment and influence site layout, circulation and design prior to final approval. Staff will have the opportunity to ensure that the proposed location of the drive-through facility and patio area is appropriately sited on the subject lands and do not negatively impact the function of the site or the Brock Road streetscape. Staff will also have the opportunity to ensure that the appropriate agreements and approvals in relation to the parking area, drive-through facility and patio have been obtained. The requested variances are minor in nature, desirable for the appropriate development of the land and maintain the general intent and purpose of the Zoning By-law and Official Plan. Input From Other Sources Engineering Services Date of report: September 27, 2018 Comments prepared by: Cody Morris" Planner H CM:DW:so ® no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review J9Documents\Development\D-370012018 \PCA 87-18 Duffin Polnt Inc\Repod'PCA 87-18 Repod.doc Attachments Exhibit 1 J 0 0 0 1- Subject Lands Third Concession Road 11 Mal°c . •••••••••••••••++• 4 ••••••••••. V.v.. v.+. • ••• ••• • •••• . •i i i •••••••••••••••• •4 O.00••OOO•:i•ii •.••••.••••••4 .00•000000.4' •••••• ••0.004 00•••00•••••4 •00.0.0.40••❖• •0.0000❖••ii •♦•••••••i•••❖��4 00•• •••' •••••• •. Go`C\doC Brock Road Rossland Road W Si los sois MEM 111 C14 4 Location Map File: P/CA 87/18 PICKERING City Development Department Applicant: Duffins Point Inc. Property Description: Part Lot 19 Concession 3, Part 1 40R-2548 and Part 1 40R-26764 (2460 Brock Road) Date: Sep. 19, 2018 The Corporation althe City ofPlckenng Produced tin pan) under license from: 0 Queens Printer, Ontario Mhistry of Natural Resources. All rights reserved.,) Her Majesty the Queen In Right of Canada, Department of Natural Resources. A9 rights reserved.; 5 Teranet Ent rises Inc. and Its supprers all rights resented.; in Municipal Property Assessment Corporation and En supp5ers all rights reserved.; SCALE. 1.5,000 Tis is NOT A PLAN OF SURVEY. Exhibit 2 To permit an outdoor garden centre in association with a retail store. BROCK RAD e To permit a patio area associated with a restaurant use to be partially located on the .adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists. • TOTAL PAIWJNG 202 CARS OTAL PARKJis 49 CARS QLD A7I TOTAL PAFXOY 1'13 CARS LAROSCAPOD To permit a drive- through queuing lane associated with a restaurant use to be partially located on the adjacent Hydro Corridor lands immediately to the south, where a legal easement or an agreement exists. W 044 PICKERING City Development Department Submitted Site Plan FILE No: P/CA 87/18 APPLICANT: Duffins Point Inc. PROPERTY DESCRIPTION: Part Lot 19 Concession 3, Part 1 40R-2548 and Part 1 40R-26764 (2460 Brock Road) FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 18, 2018 52 czi o6 PICKER1NG Report to Committee of Adjustment Application Number: P/CA 88/18 Date: Wednesday, October 3, 2018 From: Deborah Wylie, MCIP, RPP Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 88/18 K. & K. Mortley 848 Liverpool Road Application The applicant requests relief from Zoning By-law 2520, as amended: ® to permit an uncovered platform (deck) not exceeding 1.2 metres in height above.grade to project a maximum. of 1.5 metres into the front yard and 0.3 metres into the side yard; whereas the by-law requires platforms not exceeding 1.0 metres in height above grade to project a maximum of 1.5 metres into any required front yard and not more than 1.0 metres in any required side yard ® to permit accessory structures greater than 1.8 metres in height set back a minimum of 0.8 metres from all lot lines; whereas the by-law requires accessory structures greater than 1.8 metres in height to be set back a minimum of 1.0 metres from all lot lines The applicant requests approval of these variances in order to obtain a building permit for the construction of an uncovered platform (deck) in the side yard and to recognize an existing legally nonconforming accessory structure (shed). Recommendation The City Development Department considers the requested variances to be minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, and therefore recommends Approval of the proposed variances, subject to the following conditions: 1. That these variances apply only to the proposed uncovered platform (deck) and existing accessory structure (shed), as generally sited and outlined on the applicant's submitted plans (refer to Exhibit 2). 2. That the applicant obtain a building permit for the proposed construction by October 3, 2020, or this decision shall become null and void. Report P/CA 88/18 Wednesday, October 3, 201853 Page 2 Background The applicant has requested approval of a variance application, in order to obtain a building permit to construct a replacement deck in the side yard at 848 Liverpool Road. The proposed deck does not conform to Zoning By-law 2520 general provisions (S. 5.8.b), as the proposed deck encroaches 0.3 metres into the side yard setback and is over 1.0 metres in height. The applicant has also requested approval of a variance application to recognize an existing nonconforming accessory structure. The existing accessory structure (shed) does not conform to Zoning By-law 2520 general provisions (S. 5.19.b). The shed is located 0.8 metres from the rear and side lot line, however the by-law requires a minimum setback of 1.0 metres from all lot lines. Comment Official Plan and Zoning By-law Pickering Official Plan "Urban Residential Areas - Low Density" within the Bay Ridges Neighbourhood Zoning By-law 2520 - "RM1" - Family Density Zone Appropriateness of the Application Uncovered Platform (Deck) Projecting into the Required Side Yard The intent of the side yard requirements is to ensure an adequate separation between structures on abutting properties, provide sufficient space to accommodate grading, drainage and residential services, and to maintain the character of the surrounding neighbourhood. Zoning By-law 2520 requires a minimum side yard of 2.4 metres. Decks are permitted to project 1.0 metres into the side yard. Additionally, decks are permitted to beconstructed a maximum of 1.0 metres in height above grade. The applicant requests relief from Zoning By-law 2520, as amended, to permit an uncovered platform (deck) not exceeding 1.2 metres in height above grade to project a maximum of 1.5 metres into the front yard and 0.3 metres into the required side yard. The variance is required to permit the new deck to exceed the by-law provision of a maximum height of 1.0 metres above grade. The proposed encroachment of the deck into the side yard will provide an adequate separation between the deck and the property to accommodate pedestrian access, grading, drainage, and residential utility services. It appears that the proposed encroachment into the side yard will have minimal impact on the adjacent property to the north. 54 Report P/CA 88/18 Wednesday, October 3, 2018 Page 3 Accessory Structure (Shed) Projecting into the Required Rear and Side Yards The Zoning By-law 2520 allows an accessory structure to project 1.0 metres into the rear and side yards. The applicant requests relief from Zoning By-law 2520, as amended, to permit an existing accessory structure 0.8 metres from the rear and side yards. The current location of the accessory structure (shed) appears to provide for adequate space to maintain the accessory structure on all sides. The eaves do not encroach onto adjacent properties and it appears that the location of the accessory structure will ensure that roof drainage will stay on the subject property. Staff is of opinion that the requested variances are minor in nature, desirable for the appropriate development of the land, and maintain the purpose and intent of the Official Plan and Zoning By-law. Input From Other Sources Engineering Services Date of report: September 24, 2018 Comments prepared by: Tanjot Bal Planner I TB:DW:jI ® no comments on the application Deborah Wylie, MCIP, RPP Principal Planner, Development Review J:\Documents\Development0-3788 Committee of Adjustment (PCA Applications) @8181PCA 88-18 K. & K. Mortley\Repor8PCS 88-18 K. & K. Mortley.docx Attachments Exhibit 1 0 0 cl) N 0 0), _____ / do0) Street 0 / Fairview Avenue BNfl° Avenue L.tlL_ Bayview Street_ 0 0 0 Subject Lands 0 0 ('3 z Tatra Drive Antonio Street Do HiIer Avenue 0 0 Grenoble Boulevard 1111111 11111111 Fordon Avenue 1111 IU 11 INIHl_ 1IIII11IIII iiipit' Foxgiove Avenue WiidH J 1 11111III IHIIIIIIIIIII 1 1111 : - , OId Orchard Avenije MonicaCook fIace Ilona Park Road ‚3, 31 '1) 0) -r3 ('3 111111! i .iII - • • Location Map Ffle: P/CA88/18 P1CKER1NG City Deveiopment Department Applicant:K. & K. Mortley Property Description: Lot 1159 M-16 848 LiverooI Road) • Date: Sep. 07, 2018 '3 Co,por'3'3fl !tho 0t 01 lcloenog P,oduood (In p001) On4orI)oonoe (oomll'3 Q000no Pnnto Onlodo (Ifry ol ilololol Rol0rce. '3JI01hioroor01od.)0 1100 Mo)ool/ the QUOonifl Rlhtol Cond beporlrooniol U'3uroi 11000101000.111 1(irio Ooervod.; ('Tononet En'3o. ond ile enppl11re 11)01(0111 oeee,vod.;'3 Mrrn)nlpel Prnp tpA omontCnrpornl11n elrd (e eupp lrIlh0000lVOd4 THlS Is 1IOTA P11111 OFSURVEY. Exhibit 2 cn rn L:\Planning\Corel\Pla n n i ng1A p ps\P CA\2018 to permit accessory structures greater than 1.8 metres in height shall be set back a minimum of 0.8 metres from all lot.lines to permit an uncovered platform (deck) not exceeding 1.2 metres in height above grade to project 1.5 metres into the front yard and 0.3 metres into the side yard . • 1.22m • 0.8m _ i 7'e' `ei i`tr j' ,�—� c6 / 1 i" ged ` • 1 (�er��� z 6.5m m 2.4m 'c CONI. -.=TE' /—a-ciiv.y.5,Tro�v 'g 1 •r� -� , iii 1.22m NI ,fig/„„_��.N4.•., 7.6m_ • ,o, • .: ,.., . \-, t6 i r -, t iv , \I . - Submitted Plan City 4 File No: P/CA 88/18 P1CKE R1 NG Applicant: K. & K. Mortley Property Description: Lot 1159 M-16 City Development (848 Liverpool Road) Department FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. DATE: Sept 18, 2018 L:\Planning\Corel\Pla n n i ng1A p ps\P CA\2018 Old Orchard Avenue LL Brown'09 Avenue Frenchman's Bay Bayview Street LI Monica Cook Place I\ Ilona Park Road Subject Lands II it Exhibit 1 Foxglove Avenue Gul Crossing [IIIIIIIIII [ >' c• S: Commerce Street Wharf Street Broadview Street Annland Street C4 4 Location Map File: P/CA 89/18 PICKER1NG City Development Department Applicant: R. Willis & L. Kowalenko Property Description: Part Lot 10 Block E Plan 65 668 Pleasant Street? Date: Sep. 07, 2018 g heCorpoee on.CoftheCftyofPlekeergProduced(inpart)un erecensefrom. 0 Queens Panter,OntanohlmtsuyelNatural tiesnureee. 411ryhry isreseed., Hee Mainly the queen In Rtght of Canada, Department of.Natural Resources_ AA rights reserved.; STeranet Entetprim Ina. and Its suppr rs all rights reserved.;® AluNdpal PmperyAssessment Corporation and rte supp5ers a ll rights reserved.; SCALE: 1:5.,000 Oils IS NOT A PLAN OF SURVEY.