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HomeMy WebLinkAboutBy-law 5868/01July 4, 2001 To: From: Subject: PLANNING & DEVELOPMENT DEPARTMENT MEMORANDUM Bruce Taylor City Clerk Tyler Barnett Planner 1 Draft Amending By-law for Zoning By-law Amendment Application A 19/99 A. Brancato Part of Lot 25, Plan 228 (1405 Rougemount Drive, north of Rouge Hill Court) City of Picketing City Council, on March 6, 2000, approved the above-noted application to permit the development of residential dwellings with minimum lot frontages of 15.0 metres. Conditions of approval which entailed the preperation of an accurate survey plan have now been satisfied and a draft amending by-law has been prepared. The draft by-law has been circulated to and approved by the applicant and is attached for the consideration of City Council at their meeting scheduled for August 7, 2001. A Statutory Public Meeting was held for this application on October 21, 1999. The purpose and effect of this by-law is to change the zoning of the subject property from "R3" to "R4-17" - Residential Detached Dwelling Zone, in order to facilitate the severance of the property into two 15.0-metre lots. If you require further assistance or clarification, please do not hesitate to contact the undersigned. I concur that this by-law be considered at this time. JTB/ Attachment Jtb\brancato\bylawmem.do¢ THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 5868/01 Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham in Part of Lot 25, Plan 228, in the City of Pickering. (A 19/99) WHEREAS the Council of the Corporation of the City of Pickering deems it desirable to permit the development of residential detached dwellings on the subject lands; AND WHEREAS an amendment to By-law 3036, as amended by By-law 2912/88 is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: SCHEDULE I Schedule I attached hereto with notations and references shown thereon is hereby declared to be part of this By-law. AREA RESTRICTED The provisions of this By-law shall apply to those lands in Part of Lot 25, Plan 228, designated "R4-17" on Schedule I attached hereto. o GENERAL PROVISIONS No building, land or part thereof shall herea~er be used, occupied, erected, moved, or structurally altered except in conformity with the provisions of this By-law. DEFINITIONS In this By-law, (1) (a) "Dwelling" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwelling Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwelling, Single or Single Dwelling" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwelling, Detached or Detached Dwelling" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (2) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (3) (4) (5) CO) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coverage" shall mean the percentage of lot area covered by all buildings on the lot; (c) "Lot Frontage" shall mean the width of a lot between the side lot lines measured along a line parallel to and 7.5 metres distant from the front lot line; "Private Garage" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereon; Co) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (0 "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; (h) "Flankage Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "Flankage Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; (j) "Interior Side Yard" shall mean a side yard other than a flankage side yard. o PROVISIONS (1) (a) Uses Permitted ("R4-17" Zone) No person shall within the lands designated "R4-17" on Schedule I attached hereto, use any lot or erect, alter, or use any building or structure for any purpose except the following: (i) detached dwelling; (b) Zone Requirements ("R4-17" Zone) No person shall within the lands designated "R4-17" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) (ii) (iii) (iv) LOT AREA (minimum): LOT FRONTAGE (minimum): (v) (vi) (vii) (viii) (ix) (x) (xi) 460 square metres; 15.0 metres; FRONT YARD DEPTH (minimum): 15.0 metres; A Despite the provisions of section 5.(b)(iii) above, on the lands cross hatched on Schedule I, the front yard depth shall be a minimum of 25.0 metres and a maximum of 40.0 metres; SIDE YARD WIDTH (minimum): A 1.5 metres on one side, 2.4 metres on the other side; or B 1.5 metres on both sides where a private garage is erected as part of the dwelling; REAR YARD DEPTH (minimum): 7.5 metres; LOT COVERAGE (maximum): 33 percent; BUILDING HEIGHT (maximum): 9.0 metres; DWELLING UNIT REQUIREMENTS: unit per lot maximum one dwelling GROSS FLOOR AREA (minimum) 100 square metres SPECIAL REGULATIONS: No part of any attached private garage shall extend more than 2.0 metres beyond the front wall of the dwelling to which it is attached. ACCESSORY BUILDINGS: A Section 5.18(a) of By-law 3036 shall not apply to the lands illustrated on Schedule I attached hereto; B no accessory building or part thereof shall be erected in a front yard; · ' 4 C any accessory building or part thereof erected in a side yard shall comply with the yard requirements of Section 5.(b)(iv)A above; D any accessory building or part thereof erected in a rear yard shall be located not less than 1.0 metres from all lot lines. 6. BY-LAW 3036 (1) By-law 2912/88, only as it affects the subject lands designated "R4-17" on Schedule I attached hereto, is hereby repealed; (2) By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 7. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 7 day of August ., 2001. wyn"'a--e Art'----------nuts, ~wayor Anr/e Greentree, Deputy Clerk SCHEDULE I TO BY-LAW 5868/01 PASSED THIS 7 DAY OF August 2001 MAYOR