Loading...
HomeMy WebLinkAboutSeptember 14, 2022 Committee of Adjustment Agenda Hearing Number: 8 Date: Wednesday, September 14, 2022 pickering.ca For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca Agenda Committee of Adjustment Wednesday, September 14, 2022 7:00 pm Electronic Hearing Page Number 1. Disclosure of Interest 2. Adoption of Agenda 3. Adoption of Minutes from August 10, 2022 1-8 4. Report 4.1 P/CA 93/22 L. Keast 9-17 1747 Central Street 4.2 P/CA 94/22 to P/CA 109/22 Icon Forest District Ltd. 18-37 250 Finch Avenue Units 1-12 & Units 601-604 4.3 P/CA 111/22 K. & M. Reynolds 38-43 1072 Rouge Valley Drive 4.4 P/CA 113/22 J & K Shopping Centre Inc. 44-53 2060 2078 Liverpool Road 4.5 P/CA 114/22 Pickering Islamic Center 54-61 2065 Brock Road 5. Other Business 6. Adjournment Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 1 of 8 Pending Adoption Present Tom Copeland – Vice-Chair David Johnson – Chair Eric Newton Denise Rundle Sean Wiley Also Present Deborah Wylie, Secretary-Treasurer Isabel Lima, Planner II – Host Kerry Yelk, Planner I Jasmine Correia, Clerk, Support Services Absent Lesley Dunne, Assistant Secretary-Treasurer Cody Morrison, Secretary-Treasurer 1. Disclosure of Interest No disclosures of interest were noted. 2. Adoption of Agenda Moved by Eric Newton Seconded by Tom Copeland That the agenda for the Wednesday, August 10, 2022 hearing be adopted. Carried Unanimously 3. Adoption of Minutes Due to her absence at the previous hearing, Denise Rundle will abstain from voting on the adoption of minutes. Moved by Eric Newton Seconded by Tom Copeland That the minutes of the 6th hearing of the Committee of Adjustment held Wednesday, July 13, 2022 be adopted. Carried -1- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 2 of 8 4. Reports 4.1 P/CA 89/22 & P/CA 90/22 A. & B. Wheatle 559 Rougemount Drive P/CA 89/22 – 559 Rougemount Drive, Parts 2 & 3 The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18, to permit: • a maximum lot coverage of 41 percent, whereas the By-law requires a maximum lot coverage of 33 percent • a minimum north side yard of 1.2 metres, whereas when a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres • a minimum south side yard of 1.2 metres, whereas when a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres P/CA 90/22 – 559 Rougemount Drive, Part 4 The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18, to permit: • a maximum lot coverage of 45 percent, whereas the By-law requires a maximum lot coverage of 33 percent (amended by the applicant to permit a maximum lot coverage of 41 percent) • a minimum north side yard of 1.2 metres, whereas when a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres • a minimum south side yard of 1.2 metres, whereas when a garage is erected as part of a detached dwelling, the By-law requires a minimum side yard of 1.5 metres (withdrawn by Applicant) The applicant requests approval of these applications in order to sever the property resulting in two lots and to construct two detached dwellings. The Secretary-Treasurer outlined that based solely on the applications and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. The Secretary-Treasurer noted that the recommendation read out at the Hearing was revised from the staff recommendation contained in the agenda. Input from other sources were received from the Applicant, City’s Engineering Services and 10 area residents. -2- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 3 of 8 Rodger Miller, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Rodger Miller, agent, explained that the dwelling on Part 4 (P/CA 90/22) will be for his clients and will serve as a multigenerational home. The house on Parts 2 & 3 (P/CA 89/22) will be occupied by the clients’ parents who now occupy the home at 563 Rougemount Drive located to the north of the subject lands which was recently constructed by Mr. Wheatle. Mr. Wheatle is a custom homebuilder who has completed five homes in this neighbourhood. Mr. Miller advised modifications were made to the application for Part 4, and indicated agreement with City staff recommendations. Proposed is the construction of a dwelling on Parts 2 & 3 and another dwelling on Part 4. These lots were the result of a conditionally approved severance. The two lots will each have a lot frontage of 30.5 metres, lot depth of 43 metres and lot area of 663 metres square. The lot areas are 42 percent larger than the minimum lot area requirement of the zoning by-law. The applicants are seeking approval of these variances, in order to construct two slightly larger homes, reflecting their specific needs in a modern house design which is not currently captured by the City’s Zoning By-law, enacted in the 1970s. The requested reduced side yard variance is considered minor in nature and the impact on the streetscape will be imperceptible. Further, the reduced side yards maintain sufficient space for access and maintenance. As required by City Engineering, the owners of 563 Rougemount Drive have provided their consent to accommodate a shared drainage swale. The applicants will be able to comply with the remaining requests for consent as they control the remaining lands. Eight percent of the requested increase in lot coverage from 33 percent to 41 percent is attributable to the covered outdoor amenity areas, mainly covered porches and decks. The dwelling and garage proposed for Parts 2 & 3 will have a lot coverage of 33.98 percent, while the covered deck and patio will have a lot coverage of 6.35 percent. Similarly on Part 4, the dwelling and garage will have a lot coverage of 36.78 percent, and the covered patio and deck will have a lot coverage of 4.22 percent. The requested increases in lot coverage do not have any significant impact to neighbouring properties, particularly the dwellings on Lekani Court. The rear yards will be significantly larger than the minimum required yard set out in the Zoning By-law maintaining a significant building separation to the dwellings on Lekani Court. The minimum required rear yard distance is 7.5 metres. The owners intend on keeping all the existing trees at the rear property line in order to maintain the visual landscape screen. The rear building walls will generally match the rear walls at 563 Rougemount Drive through to 557 Rougemount Drive. The proposed front building wall will generally match the front wall at 563 Rougemount Drive. The front building wall on Part 4 will be slightly -3- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 4 of 8 forward of 557 Rougemount Drive but will be in keeping or in excess of the Zoning By-law requirements for the front yard setback. It is of their opinion that the lot coverage increase and the reduced side yards will not create any issues in regards to privacy, shadowing, overlook, character, streetscape and front yard landscaping, and satisfies the four tests of a minor variance. The neighbours on Lekani Court and on Rougemount Drive have provided letters of support. There was one letter of concern from the owners of 557 Rougemount Drive and Mr. Miller is satisfied that these concerns have been addressed tonight, with exception of the side yard setback on Part 4 as it was removed from the application. There were also concerns made about possible disturbance around their property during the construction of the dwellings. The disturbance they describe would require some intrusion or access to the property which is not being contemplated by his clients. They had also expressed concerns regarding the lot coverage increase of 45 percent, since then it has been reduced to 41 percent and of this 4.22 percent is associated with the covered porch and deck. Other concerns expressed regarding stormwater running onto their property in the future. Mr. Miller advised that with the proposed lots being 42 percent greater than the minimum lot size required under the Zoning By-law there will be sufficient space on Part 4 to capture, infiltrate and direct all stormwater to the front of the property and to the road ditch without impacting the property at 557 Rougemount Drive. After listening to the presentation by the agent, and having any questions he had answered through the thoroughness of the presentation, as well as addressing the concerns of the neighbouring resident, the provision of consent regarding the drainage swale, and reading through the Report provided by the City, Sean Wiley moved the following motions: Moved by Sean Wiley Seconded by Denise Rundle That application P/CA 89/22 by A. & B. Wheatle, be Approved on the grounds that the requested variances to permit a maximum lot coverage of 41 percent and minimum south and north side yards of 1.2 metres 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 Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 3, 5, 6, 7 & 8 as they relate to Parts 2 & 3 only, contained in the staff report to the Committee of Adjustment, dated August 10, 2022). 2. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed with the minimum north side yard of 1.2 metres. -4- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 5 of 8 Carried Unanimously Moved by Sean Wiley Seconded by Denise Rundle That the requested variances to permit a minimum north side yard of 1.2 metres and a maximum lot coverage of 41 percent for amended application P/CA 90/22 by A. & B. Wheatle, 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 Zoning By-law, subject to the following conditions: 1. That these variances apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted and revised plans (refer to Exhibits 4, 5, 6, 7 & 8 as they relate to Part 4 only, contained in the staff report to the Committee of Adjustment, dated August 10, 2022). 2. That of the maximum lot coverage of 41 percent (36.8 percent be comprised of the dwelling and attached garage, and 4.2 percent be comprised of the covered porch and covered deck). 3. That prior to issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed within the minimum north side yard of 1.2 metres. Carried Unanimously 4.2 P/CA 91/22 N. & K. Syed 1123 Citrine Street The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21, to permit a total of 2 parking spaces on the property where the accessory dwelling unit is located, whereas the By-law requires a total of three parking spaces are provided on the property where the accessory dwelling unit is located. The applicant requests approval of this variance in order to permit an accessory dwelling unit within a townhouse dwelling with two parking spaces on the lot. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend refusal. Input from other sources were received from the Applicant and City’s Engineering Services. -5- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 6 of 8 In support of the application, the applicant identified insufficient space on driveway to park a second car. Syed Hussain, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. Syed Hussain, agent, stated the reason for the variance is due to the second dwelling unit. His clients would like to create a bachelor apartment but they do not have enough room on the property to accommodate a third parking space. This unit is not intended for families, they will be using it as a bachelor apartment for students who don’t own vehicles. In response to questions from a Committee Member, Syed Hussain explained that his client just recently purchased the property and doesn’t have plans on moving in the near future. The property line shown on the submitted site plan is shorter than what actually exists. There is a two car driveway currently which was done by the owner. They’d like permission to park on City land next to the dwelling. In response to questions from a Committee member, the Secretary-Treasurer explained as shown on Exhibit 2, page 32 of the Agenda, the minimum measurement for a single parking space is 5.6 metres x 2.4 metres. It was clarified that the agent was referring to the paved driveway being longer than what appears on Exhibit 2. The paved portion of the driveway covers the private property but also extends further to the City owned right-of-way. They may be able to get two vehicles on the paved driveway but not two vehicles in front of the garage within the private property. The Secretary-Treasurer also explained that the applicant had applied for a building permit for construction of this accessory dwelling unit however upon zoning review it was noted that the drawings did not comply with the zoning by-law. In response to a question from a Committee member, Syed Hussain confirmed the accessory dwelling unit has yet to be built. In response to a question from a Committee member, the Secretary-Treasurer confirmed that the City does not permit parking on the right-of-way and it would be enforced by Bylaw Services. If there is a sidewalk on that side of the street the vehicle would be straddling it. Syed Hussain, agent, stated there is no sidewalk on the subject property’s side of the street. -6- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 7 of 8 While the agent has been transparent about how they would deal with a tenant who may or may not own a vehicle, should the Committee approve this application it could result in parking tickets for the tenants and these variances tend to go with the land. Therefore this application does not meet the four tests of the Planning Act, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Denise Rundle That application P/CA 91/22 by N. & K. Syed, be Refused on the grounds that the requested variance is not minor in nature, not desirable for the appropriate development of the land, and not in keeping with the general intent and purpose of the Official Plan and Zoning By-law. Carried Unanimously 4.3 P/CA 92/22 C. & S. LeBrun 967 Redbird Crescent The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85, to permit uncovered steps and platform not exceeding 2.0 metres in height above grade and not projecting more than 1.5 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. The applicant requests approval of this minor variance application in order to obtain a building permit for the construction of an uncovered deck with steps. The Secretary-Treasurer outlined that based solely on the application and supporting documentation filed by the applicant, that City Development staff recommend approval subject to a condition. Input from other sources were received from the Applicant and City’s Engineering Services. Sarah LeBrun, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. Sarah LeBrun, applicant, explained they are requesting approval of this variance in order to construct a deck. In the process of installing a pool in their yard they removed the old deck and learned that installing a new deck would not meet the zoning requirements as the elevation in the yard had been changed prior to them moving to the property. The new deck will be significantly smaller than the old two tier deck that was in place. She believes this variance is in keeping with the intent of the By-law. -7- Committee of Adjustment Hearing Minutes Wednesday, August 10, 2022 7:00 pm Electronic Hearing Page 8 of 8 In response to a question from a Committee member, Sarah LeBrun, applicant, confirmed it will be an exit deck from the rear of the dwelling. The deck will be level with the rear patio doors and the steps will run along the right side of the house. After reviewing the staff report, the drawings and submission materials and listening to the applicant’s commentary, Tom Copeland moved the following motion: Moved by Tom Copeland Seconded by Eric Newton That application P/CA 92/22 by C. & S. LeBrun, 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 Zoning By-law, subject to the following condition: 1. That this variance apply only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibit 2, contained in the staff report to the Committee of Adjustment, dated August 10, 2022). Carried Unanimously 5. Adjournment Moved by Eric Newton Seconded by Tom Copeland That the 7th hearing of the 2022 Committee of Adjustment be adjourned at 7:38 pm and the next hearing of the Committee of Adjustment be held on Wednesday, September 14, 2022. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -8- Report to Committee of Adjustment Application Number: P/CA 93/22 Date: September 14, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 93/22 L. Keast 1747 Central Street Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 6640/06, to permit a maximum building height of 5.0 metres for a detached garage, whereas the By-law permits a maximum building height of 3.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the construction of a detached garage located in the rear yard. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That this variance apply only to the proposed detached garage, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). 2. As part of the building permit application, the applicant ensures that no habitable space is proposed within the garage. Comment Conforms to the Intent of the Official Plan and Zoning By-law The subject property is designated Rural Settlements – Oak Ridges Moraine Rural Hamlets within the Hamlet of Claremont. Residential uses such as detached dwellings and uses accessory thereto are permitted within this designation. -9- Report P/CA 93/22 September 14, 2022 Page 2 The intent of the maximum building height for accessory structures of 3.5 metres is to minimize the visual impact of accessory buildings on the streetscape and adjacent properties, and to ensure they act as accessory to the principal use of the property. The proposed garage is located entirely behind the existing dwelling (refer to Exhibit 2). The garage will have no visual impact on the streetscape, as it will be hidden behind the dwelling and not visible from Central Street. In addition, due to the large size of the subject lot and abutting lots, the proposed garage will be located at least 20.0 metres from all neighbouring dwellings. The proposed garage is not expected to create large visual impacts on the streetscape or adjacent properties. The applicant has indicated that the first floor of the garage will be used for the storage of tools (such as saws, lawnmower, drill press) and a personal tractor and car. The second floor of the garage will be used for household storage. No habitable space will be located within the garage. The proposed storage use of the garage is secondary to the principal residential use of the property. Desirable for the Appriopriate Development of the Land and Minor in Nature The proposed garage provides the applicant with an area to store personal vehicles and household and outdoor equipment with an enclosed structure, which will prevent the need for outdoor storage on the property. The subject property is approximately 1880 square metres, of which approximately 840 square metres of that is the rear yard. The large rear yard can appropriately accommodate a larger detached garage. Staff consider the requested variance to be desirable for the appropriate development of the land and minor in nature. Input From Other Sources Applicant • Proposed garage sits within the Toronto and Region Conservation Authority boundaries. Engineering Services • No comments. Building Services • No concerns. Toronto and Region Conservation Authority (TRCA) • Although the subject property is partially located within the TRCA Regulated Area, the proposed works are located well outside of the TRCA regulatory boundary. • TRCA staff have no objection to the approval of Minor Variance Application No. P/CA 93/22. • A TRCA permit under O. Reg 166/06 will not be required. Public Input • No written submissions were received from the public as of the date of writing this report. -10- Report P/CA 93/22 September 14, 2022 Page 3 Date of report: September 7, 2022 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Development\D-3700\2022\PCA 93-22 L. Keast\7. Report Attachments -11- Broc k R o a d Central Street Henry Street David Street Do w S t r e e t Barclay Stree t Fr a n k l i n S t r e e t Acorn Lane Wellington Street Lo r n S t r e e t Vi c t o r i a S t r e e t Li v i n g s t o n S t r e e t ClaremontMemorial Park Location MapFile:Applicant:Municipal Address: P/CA 93/22 Date: Aug. 10, 2022 Exhibit 1 L. Keast 1747 Central Street SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 93-22 L. Keast\PCA93-22_LocationMap.mxd 1:3,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -12- Exhibit 2 Submitted Site Plan File No: P/CA 93/22 Applicant: L. Keast Municipal Address: 1747 Central Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: August 18, 2022 to permit a maximum building height of 5.0 metres for a detached garage -13- Ex h i b i t 3 Su b m i t t e d Fr o n t & E a s t S i d e E l e v a t i o n s Fi l e N o : P/ C A 93 / 2 2 Ap p l i c a n t : L. K e a s t Mu n i c i p a l A d d r e s s : 17 4 7 C e n t r a l S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 1 8 , 2 0 2 2 4. 9 2 m to p e r m i t a m a x i m u m b u i l d i n g h e i g h t of 5 . 0 me t r e s f o r a d e t a c h e d g a r a g e -14- Ex h i b i t 4 Su b m i t t e d Re a r & We s t Si d e E l e v a t i o n s Fi l e N o : P/ C A 93 / 2 2 Ap p l i c a n t : L. K e a s t Mu n i c i p a l A d d r e s s : 17 4 7 C e n t r a l S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 1 8 , 2 0 2 2 4. 9 2 m to p e r m i t a m a x i m u m b u i l d i n g h e i g h t of 5 . 0 me t r e s f o r a d e t a c h e d g a r a g e -15- Ex h i b i t 5 Su b m i t t e d Ga r a g e F l o o r P l a n Fi l e N o : P/ C A 93 / 2 2 Ap p l i c a n t : L. K e a s t Mu n i c i p a l A d d r e s s : 17 4 7 C e n t r a l S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 1 8 , 2 0 2 2 -16- Ex h i b i t 6 Su b m i t t e d Cr o s s S e c t i o n Fi l e N o : P/ C A 93 / 2 2 Ap p l i c a n t : L. K e a s t Mu n i c i p a l A d d r e s s : 17 4 7 C e n t r a l S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 18 , 2 0 2 2 -17- Report to Committee of Adjustment Application Numbers: P/CA 94/22 to P/CA 109/22 Date: September 14, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: Committee of Adjustment Applications P/CA 94/22 to P/CA 109/22 Icon Forest District Ltd. 250 Finch Avenue (Lots 1 to 12, and Lots 103 to 106) Applications P/CA 94/22 & P/CA 95/22 – 250 Finch Avenue, Lots 1 & 2 (Units 1 & 2) on Exhibits 3 & 4 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.7 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 96/22 – 250 Finch Avenue, Lot 3 (Unit 3) on Exhibits 5 & 6 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.3 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 97/22 – 250 Finch Avenue, Lot 4 (Unit 4) on Exhibits 5 & 6 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 98/22 – 250 Finch Avenue, Lot 5 (Unit 5) on Exhibits 7 & 8 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. -18- Report P/CA 94/22 to P/CA 109/22 September 14, 2022 Page 2 P/CA 99/22 – 250 Finch Avenue, Lot 6 (Unit 6) on Exhibits 7 & 8 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 100/22 – 250 Finch Avenue, Lot 7 (Unit 7) on Exhibits 9 & 10 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 101/22 – 250 Finch Avenue, Lot 8 (Unit 8) on Exhibits 9 & 10 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.1 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 102/22 & P/CA 103/22 – 250 Finch Avenue, Lots 9 & 10 (Units 9 & 10) on Exhibits 11 & 12 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony and lower level deck with steps not exceeding 3.3 metres in height above grade and not projecting more than 2.1 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 104/22 – 250 Finch Avenue, Lot 11 (Unit 11) on Exhibits 13 & 14 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. P/CA 105/22 – 250 Finch Avenue, Lot 12 (Unit 12) on Exhibits 13 & 14 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. -19- Report P/CA 94/22 to P/CA 109/22 September 14, 2022 Page 3 P/CA 106/22 – P/CA 109/22 – 250 Finch Avenue, Lots 103–106 (Units 601-604) on Exhibits 15 & 16 The applicant requests relief from Zoning By-law 3036, as amended by By-law 7723/19, to permit uncovered steps and platform not exceeding 1.5 metres in height above grade and not projecting more than 1.6 metres into the required rear yard, whereas the By-law requires uncovered steps or platforms not exceeding 1.0 metres in height above grade and not projecting more than 1.5 metres in any required front or rear yard. The applicant requests approval of these minor variance applications to permit rear decks and balconies. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the applications with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in these applications, the following condition is recommended: 1.That these variances apply only to the existing residential semi-detached and townhome dwellings, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 & 16). Background Through the review of building permit applications submitted by the applicant in support of rear yard balconies and decks with steps, City staff identified that the proposed rear balconies and uncovered decks with steps did not comply with the yard encroachment requirements of the Zoning By-law 3036. The requested variances are intended to permit an increase in both height and projection of rear yard balconies and uncovered decks with steps, and will enable the applicant to proceed with the processing of the submitted building permit applications. Comment Conforms to the Intent of the Official Plan The subject properties are designated Urban Residential Areas – Medium Density Area within the Rouge Park Neighbourhood. The residential use of the subject properties is permitted within this designation. The subject properties are zoned “SD-8” – Semi-Detached Dwelling and “MD-H18” – Residential Townhouses, under Zoning By-law 3036, as amended By By-law 7723/19. -20- Report P/CA 94/22 to P/CA 109/22 September 14, 2022 Page 4 The intent of the maximum projection of 1.5 metres is to maintain sufficient amenity space in the rear yard. The applicant is proposing to construct rear decks with steps and second-storey balconies that project between 1.5 metres to 2.1 metres from the rear dwelling wall. The balconies will have heights ranging between 2.7 metres and 3.3 metres from the established grade. The requested variances are intended to facilitate the construction of uncovered balconies and rear decks with steps that will contribute to the total amount of usable amenity space within the rear yard. There is sufficient space in the rear yards for landscaping and amenity purposes. Staff are of the opinion that the proposed encroachments for the rear balconies and decks with steps will provide sufficient amenity space. In staff’s opinion, the requested variances are in keeping with the intent of the By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances will help facilitate the development of the subject properties for residential semi-detached dwellings and townhomes. Staff consider an increase in the maximum rear yard encroachment by no more than 1.6 metres to be desirable for the appropriate development of the land and minor in nature. Input From Other Sources Applicant •Under current Zoning by-law construction of decks are not permitted if height exceeds 1m in height. With-in this submission of multiple units we are asking for variance for decks that range in height from 1.1m to 3.2 m in height. Deck sizes are 1.53m x 2.44m. Engineering Services •No comments. Building Services •Building Services do not have any concerns. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: September 8, 2022 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning and Administration KY:jc \\Fs\planning\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2022\PCA 94-22 to PCA 109-22 Icon Forest District Ltd\7. Report Attachments -21- Shadow Place Finch Avenue Al t o n a R o a d Location MapFile:Applicant:Municipal Address: P/CA 94/22 to P/CA 109/22 Date: Aug. 16, 2022 Exhibit 1 ¯ Icon Forest Homes District Limited 250 Finch Avenue Units 1-12 & Units 601-604 SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 94-22 to PCA 109-22 Icon Forest Homes District Limited\PCA94-22to109-22_LocationMap.mxd 1:2,000 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City Development Department EE -22- Exhibit 2 Submitted Overall Site Plan File No: P/CA 94/22 to P/CA 109/22 Applicant: Icon Homes Municipal Address: 250 Finch Avenue, Lots 1 to 12, and Lots 103 to 106 (Units 1 to 12, and Units 601 – 604) Contact The City of Pickering City Development Department for Digital Copies of this Plan. Date: August 30, 2022 Finch Avenue Al t o n a R o a d P/CA 106/22 to P/CA 109/22 Lots 103 to 106 (Units 601 to 604) P/CA 94/22 to P/CA 105/22 – Lots 1 to 12 (Units 1 to 12) -23- Exhibit 3 Submitted Site Plan File No: P/CA 94/22 & 95/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 1 & 2 (Units 1 & 2) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 2.7 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 94/22 P/CA 95/22 Fi n c h A v e n u e Private Road -24- Exhibit 4 Submitted Rear (West) Elevation File No: P/CA 94/22 & 95/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue. Lots 1 & 2 (Units 1 & 2) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 2.7 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 94/22 P/CA 95/22 -25- Exhibit 5 Submitted Site Plan File No: P/CA 96/22 & 97/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue. Lots 3 & 4 (Units 3 & 4) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.3 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 96/22 P/CA 97/22 Private Road to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -26- Exhibit 6 Submitted Rear (West) Elevation File No: P/CA 96/22 & 97/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 3 & 4 (Units 3 & 4) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.3 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 96/22 P/CA 97/22 to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -27- Exhibit 7 Submitted Site Plan File No: P/CA 98/22 & 99/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 5 & 6 (Units 5 & 6) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 98/22 P/CA 99/22 Private Road to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -28- Exhibit 8 Submitted Rear (West) Elevation File No: P/CA 98/22 & 99/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 5 & 6 (Units 5 & 6) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 98/22 P/CA 99/22 to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -29- Exhibit 9 Submitted Site Plan File No: P/CA 100/22 & 101/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 7 & 8 (Units 7 & 8) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 100/22 P/CA 101/22 Private Road to permit a second storey balcony not exceeding 3.1 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -30- Exhibit 10 Submitted Rear (East) Elevation File No: P/CA 100/22 & 101/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 7 & 8 (Units 7 & 8) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit a second storey balcony not exceeding 3.1 metres in height above grade and not projecting more than 1.6 metres into the required rear yard P/CA 100/22 P/CA 101/22 to permit a second storey balcony not exceeding 3.2 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -31- Exhibit 11 Submitted Site Plan File No: P/CA 102/22 & 103/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 9 & 10 (Units 9 & 10) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 P/CA 102/22 P/CA 103/22 Private Road to permit a second storey balcony and lower level deck with steps not exceeding 3.3 metres in height above grade and not projecting more than 2.1 metres into the required rear yard -32- Exhibit 12 Submitted Rear (East) Elevation File No: P/CA 102/22 & 103/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 9 & 10 (Units 9 & 10) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 P/CA 102/22 P/CA 103/22 to permit a second storey balcony and lower level deck with steps not exceeding 3.3 metres in height above grade and not projecting more than 2.1 metres into the required rear yard -33- Exhibit 13 Submitted Site Plan File No: P/CA 104/22 & 105/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 11 & 12 (Units 11 & 12) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 P/CA 104/22 P/CA 105/22 Private Road to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -34- Exhibit 14 Submitted Rear (East) Elevation File No: P/CA 104/22 & 105/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue, Lots 11 & 12 (Units 11 & 12) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 P/CA 104/22 P/CA 105/22 to permit a second storey balcony not exceeding 3.0 metres in height above grade and not projecting more than 1.6 metres into the required rear yard to permit a second storey balcony not exceeding 2.9 metres in height above grade and not projecting more than 1.6 metres into the required rear yard -35- Exhibit 15 Submitted Site Plan File No: P/CA 106/22 to P/CA 109/22 Applicant: Icon Forest District Ltd. Municipal Address: 250 Finch Avenue (Lots 103 to 106) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 30/22 to permit uncovered steps and platform not exceeding 1.5 metres in height above grade and not projecting more than 2.85 metres into the required rear yard Private Road P/CA 106/22 P/CA 107/22 P/CA 108/22 P/CA 109/22 -36- Ex h i b i t 1 6 Su b m i t t e d R e a r ( S o u t h ) E l e v a t i o n Fi l e N o : P/ C A 10 6 / 2 2 t o P / C A 1 0 9 / 2 2 Ap p l i c a n t : Ic o n F o r e s t D i s t r i c t L t d . Mu n i c i p a l A d d r e s s : 25 0 F i n c h A v e n u e , L o t s 1 0 3 t o 1 0 6 ( U n i t s 6 0 1 t o 6 0 4 ) Co n t a c t T h e C i t y o f P i c k e r i n g C i t y D e v e l o p m e n t D e p a r t m e n t f o r D i g i t a l C o p i e s o f t h i s P l a n . Da t e : Au g u s t 3 0 , 2 0 2 2 P/ C A 1 0 6 /2 2 P/ C A 1 0 7 /2 2 P/ C A 1 0 8 /2 2 P/ C A 1 0 9 /2 2 -37- Report to Committee of Adjustment Application Number: P/CA 111/22 Date: September 14, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 111/22 K. & M. Reynolds 1072 Rouge Valley Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1827/84 and By-law 2178/86, to permit uncovered steps and a platform (rear deck) not exceeding 1.0 metre in height above grade and not projecting more than 3.0 metres into the required rear yard, whereas the By-law permits uncovered steps or platforms not exceeding 1.0 metre in height above grade and not projecting more than 1.5 metres into any required front or rear yard and not more than 0.5 of a metre in any required side yard. The applicant requests approval of this variance in order to obtain a building permit for the reconstruction of an uncovered rear deck. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That this variance apply only to the proposed uncovered rear deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Comment Conforms to the Intent of the Official Plan and Zoning By-law The subject property is designated Urban Residential Areas – Low Density Area within the Rougemount Neighbourhood. Residential uses such as detached dwellings and uses accessory thereto are permitted within this designation. -38- Report P/CA 111/22 September 14, 2022 Page 2 The intent of limiting the projection of platforms and steps into the rear yard is to ensure that useable amenity space is maintained in the rear yard. The applicant is proposing to reconstruct an uncovered rear deck that is the same size as the existing deck. The west corner of the deck is setback 4.58 metres from the rear lot line, however the rest of the deck is further setback (refer to Exhibit 2). The proposed deck will contribute to the total amount of usable amenity space within the rear yard. There is also sufficient space to the north and south of the deck for landscaping and amenity purposes. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance is intended to facilitate the construction of an uncovered deck that will provide access to the rear yard from the dwelling, and contribute towards the total usable amenity space in the rear yard. The rear of the subject property abuts Rouge Valley Park to the east. As such, no abutting neighbours to the rear will be affected by the deck. The proposed deck is not anticipated to have any significant impacts on drainage or on the surrounding area. Input From Other Sources Applicant • Deck age unsafe needing replacement to provide access to rear yard due to grade change. Engineering Services • No comments. Building Services • No concerns. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: September 7, 2022 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Development\D-3700\2022\PCA 111-22 K. & M. Reynolds\7. Report Attachments -39- Ho o v e r D r i v e Littleford Street Gwen d o l y n S t r e e t Ro u g e V a l l e y D r i v e RougeValley Park Location MapFile:Applicant:Municipal Address: P/CA 111/22 Date: Aug. 16, 2022 Exhibit 1 ¯ E K. & M. Reynolds1072 Rouge Valley Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 111-22 K. & M. Reynolds\PCA111-22_LocationMap.mxd 1:2,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -40- Exhibit 2 Submitted Site Plan File No: P/CA 111/22 Applicant: K. & M. Reynolds Municipal Address: 1072 Rouge Valley Drive FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: August 17, 2022 to permit uncovered steps and a platform (rear deck) not exceeding 1.0 metre in height above grade and not projecting more than 3.0 metres into the required rear yard -41- Ex h i b i t 3 Su b m i t t e d De c k F l o o r P l a n Fi l e N o : P/ C A 11 1 / 2 2 Ap p l i c a n t : K. & M . R e y n o l d s Mu n i c i p a l A d d r e s s : 10 7 2 R o u g e V a l l e y D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 1 2 , 2 0 2 2 -42- Ex h i b i t 4 Su b m i t t e d De c k El e v a t i o n Pl a n Fi l e N o : P/ C A 11 1 / 2 2 Ap p l i c a n t : K. & M . R e y n o l d s Mu n i c i p a l A d d r e s s : 10 7 2 R o u g e V a l l e y D r i v e FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 1 2 , 2 0 2 2 Pr i v a c y S c r e e n -43- Report to Committee of Adjustment Application Number: P/CA 113/22 Date: September 14, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning and Administration Subject: Committee of Adjustment Application P/CA 113/22 J & K Shopping Centre Inc. 2060 2078 Liverpool Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-laws 1158/80, 3878/91, 5500/99 & 6124/03 to permit: •a minimum of 54 parking spaces shall be provided and maintained for the commercial plaza which includes 7 spaces for outdoor storage of rental vehicles; and •to permit the outdoor storage of seven rental vehicles. The applicant requests approval of these variances in order to permit outdoor storage of rental vehicles to facilitate a truck rental business kiosk. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1.That these variances apply only to the subject property, as sited and outlined on the applicant’s submitted plans (refer to Exhibit 2). 2.That vehicles parked and stored on the property for rental purposes shall not exceed seven vehicles and must be parked within their designated parking spaces as outlined in the applicant’s submitted plans. -44- Report P/CA 113/22 September 14, 2022 Page 2 Background City’s Municipal Law Enforcement informed the owner of the Maple Ridge convenience store that the outdoor storage of rental vehicles was not a permitted use under the Zoning By-law. City staff identified that the outdoor storage of rental vehicles did not comply with the Zoning By-law 3036, as amended. The requested variances are intended to permit the use of outdoor storage of rental vehicles, and will enable the applicant to proceed with the operation of a UHAUL Neighbourhood Store kiosk from within the Maple Ridge convenience store. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Liverpool Neighbourhood. Limited retailing of goods and services, compatible employment uses, and compatible special purpose commercial uses serving the area are permitted uses within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “C4” – Commercial Use, under Zoning By-law 3036, as amended by By-law 1158/80, By-law 3878/91, By-law 5500/99, and By-law 6124/03. Under Section 5.(1) of Zoning By-law 1158/80, the following uses are permitted: bakery, business offices, day nursery, dry cleaning depot, financial institution, laundromat, neighbourhood store, personal service shop, private non-residential school, professional office, restaurant type “a”, and retail store. A rental vehicle kiosk operating from within the Maple Ridge convenience store appears to generally maintain the permitted uses outlined above. Outdoor Storage of Rental Vehicles Zoning By-law 3036, permits only the parking of vehicles accessory or incidental to the main use, storage of vehicles is not a permitted use. The general intent of the By-law provisions for outdoor storage is to restrict the size and visibility of outdoor storage areas to limit the visual impact on the streetscape, and to restrict the materials stored to be associated with the principal use of the property. The Maple Ridge convenience store owner has worked with the landlord to designate seven parking spaces for the storage of rental truck vehicles with minimal impact for businesses in the plaza. Given the configuration of the subject property with frontage along Liverpool Road, the applicant has proposed to allocate seven parking spaces in the rear of the property, behind the plaza building. This will reduce the visual impact of storing rental vehicles, and will provide sufficient parking space for users of the existing commercial uses. -45- Report P/CA 113/22 September 14, 2022 Page 3 It appears that the seven parking spaces will not negatively impact the overall site function. Adequate parking will continue to be maintained, as the seven parking spaces for outdoor storage of rental vehicles will be located in the rear of the plaza building. The requested seven parking spaces for storage area of rental vehicles are relatively small and are intended for display of merchandise. The proposed outdoor storage of rental vehicles is generally in keeping with the intent of the Zoning By-law. Minimum Parking Requirements The intent of regulating the minimum number of parking spaces is to ensure that parking demand is accommodated on-site. The site-specific By-law 1158/80, as amended, states a minimum of 54 parking spaces shall be provided and maintained. The proposed variance application reduces overall plaza parking by reserving parking spaces for a neighbourhood store to park vehicles rented commercially through the store. The applicant obtained a Maintenance Engineer to complete a Traffic and Parking Brief. The Brief (refer to Appendix I) outlines the operations of the current businesses in the Maple Ridge Plaza and indicates a majority of businesses do not operate between 8:00 p.m. to 9:00 a.m. Most truck rental vehicles are expected to be returned between 9:00 p.m. to 8:00 a.m. Furthermore, the peak operating time for the surrounding businesses occurs between 9:00 a.m. to 3:00 p.m. primarily due to the local schools. The rental vehicles will typically be commissioned during these times as this is the most frequent operating time. Currently, the pizzeria and café shop operate consistently between its operating hours with short-term use of parking as majority of customers purchase food as take out. The small GFA does not allow for a large volume of dine in customers maintaining business parking requirements between four to six spaces each. During the school operating periods majority of customers are students without vehicles, resulting in minimal parking requirements during peak hours. Staff is of the opinion that introducing the proposed use generally conforms to the uses permitted in the By-law, and is generally in keeping with the intent of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The proposed outdoor storage of rental vehicles for a rental vehicle establishment will have minimal impact on the existing parking conditions in the Maple Ridge Plaza. As of writing this report, staff have received no concerns from area residents. The Traffic Review concluded that a reduction in seven parking spaces for outdoor storage of rental vehicles would not negatively impact the plaza operations. Staff are of the opinion that the proposed outdoor storage use of rental vehicles and a reduction in parking spaces is appropriate for the development of the land and are minor in nature. -46- Report P/CA 113/22 September 14, 2022 Page 4 Input from Other Sources Applicant •The outdoor storage of rental vehicles will reduce the total amount of available parking spaces from 54 to 47 parking spaces. •Please refer to Traffic Review Brief. Engineering Services •No comments. Building Services •Building Services do not have any concerns. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: September 8, 2022 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:jc \\Fs\Planning\Documents\Development\D-3700 Committee Of Adjustment (PCA Applications)\2022\PCA 113-22 J & K Shopping Centre Inc\7. Report\PCA 113-22 Report.Doc Attachments -47- LinwoodStreet Finch Avenue Me m o r y L a n e Everton Street Parkdale StreetFo r e s t P a r k D r i v e Ma p l e R i d g e D r i v e Bo w l e r D r i v e BramblewoodCourt Ca n b o r o u g h C r e s c e n t Bushmill Street W h e a t s h e a f L a n e Cott onwood Cir c le Ferncliff Circle Field s t o n e Ci rc l e Bridle Path Circle Li v e r p o o l R o a d Gl e n d a l e D r i v e Br i d g e G a t e C r e s c e n t Barnwood Square Anton Square MulmerTot Lot Glendale Park Nu West Ravine MapleRidge Park BeverleyMorgan Park Maple RidgePublic School Location MapFile:Applicant:Municipal Address: P/CA 113/22 Date: Aug. 18, 2022 Exhibit 1 J & K Shopping Centre Inc.2060 2078 Liverpool Road HydroLands SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 113-22 J & K Shopping Centre Inc\PCA113-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -48- Exhibit 2 Submitted Site Plan File No: P/CA 113/22 Applicant: J. & K. Shopping Centre Inc. Municipal Address: 2076 Liverpool Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: Aug. 31/22 Maple Ridge Plaza to permit the outdoor storage of 7 rental vehicles to permit a minimum of 54 parking spaces shall be provided and maintained for the commercial plaza which includes 7 spaces for outdoor storage of rental vehicles -49- August 29, 2022 Lalita Paray Senior Zoning Examiner, Zoning & Administration City Of Pickering Re: Traffic Review Application of Minor Variance Reduction of Parking Spaces 2076 Liverpool Road, Pickering, Ontario Below is a Traffic Review for the proposed Minor Variance Application for the overall reduction of parking spaces in lieu of reserving the parking spaces for retail store commercial use. The municipal address of the site is 2076 Liverpool Road, City of Pickering, on the west side of Liverpool Road, north of Finch Avenue. The Town of Pickering By-Law Number 1158/80 classifies site as a “C4” Zone with provisions for: •Business offices •Dry cleaning depots •Laundromats •Neighbourhood stores •Personal service shops •Professional offices The proposed variance application reduces overall plaza parking by reserving parking spaces for a neighbourhood store to park vehicles rented commercially through the store interim. The purpose of this Traffic Review is to outline the existing commercial uses and any affect, if any, to the current parking situation at the Maple Ridge Plaza as a result of the proposed reduction of available parking. Figure 1: Proposed Site Plan (Highlighted on the existing site plan below are the proposed reduction spaces) Appendix I -50- Parking Provisions The current approved site plan requires a parking provision of 54 spaces based on the following: • A rate of 4.5 spaces per 93 m2 of gross floor area (GFA) The proposed site plan reduces overall parking by 7 spaces to provide provisions for the neighbourhood store based on the following: • Spaces are used for business operating from the neighbourhood store. • Business generated from use of the spaces contributes to a small portion of store income. • No more than 7 commercial U-Haul rental vehicles will be at this location at any given time. • The 7 spaces are located aft of the building as to not impede traffic and; • Not impose on the parking of other existing establishments within the plaza and/or block store front signage or access. Therefore, the proposed site plan will result in a reduction in the total available parking by 7 spaces. Municipalities set minimum parking requirements to ensure a site’s parking provision is sufficient to accommodate the anticipated parking demand, and minimize the likelihood that vehicles associated with the site do not rely on nearby sites or facilities for parking supply. Therefore, a site’s parking requirement can be used as an indicator for comparing anticipated vehicular demand among various land uses. Based on the comparison of the existing and proposed parking requirements made above, it is evident permitting “7 Reduced/Reserved spaces” will result in unaffected parking throughout the plaza and its establishments. Operating Periods The majority of business establishments in the immediate vicinity of the site are typically closed between the hours of 8:00 p.m. to 9:00 a.m. for most of the year. It is within this time period, specifically between 9:00 p.m. to 8:00 a.m., that the U-Haul vehicles will be parked once they are returned from daily rental. Furthermore, the current peak operating time for the surrounding businesses occurs 9:00 a.m. to 3:00 p.m. primarily due to the local schools. The U-Haul vehicles will typically be out for rental during these times as this is the most frequent operating time. The current Pizzeria and café shop operate consistently between its operating hours with short term use of parking as majority of customers will purchase food as take out. The small GFA does not allow for a large volume of dine in customers maintaining business parking requirements between 4- 6 spaces each. During the school operating periods majority of customers are young students without vehicles, resulting in minimal parking requirements during peak hours. The dry cleaner uses parking short term as customers will drop off and pickup clothing as required in a short time frame, as such, parking requirements are maximized at 4 spaces. The barber shop, nail salon and dentistry see regular clients that may require longer daily parking intervals. As the barber shop, nail salon and dentistry are on opposing ends of the building, both use direct parking access in front of the units. Both the barber and nail salon are limited to 3-4 clients -51- each at 1 car per client. Dentistry is limited to appointment-based clients with 1-2 dentist operating at any given time and 1 client per vehicle per dentist. As such clients are not likely to require access or parking at the rear of the building. The neighbourhood store experiences a constant flow of customers throughout the day with varying peak hours. Most customers do not require long term parking as such, typical requirements are between 4-6 parking spaces. The tanning salon is permanently closed and currently vacant without customers or parking requirements. Therefore, the proposed reduction/reservation of parking spaces is not expected to affect the operation of the surrounding community and establishments. Traffic enters and flows through the single east entrance and single north entrance of the plaza along the store fronts. Both of which are not impacted by the 7 parking spaces on the aft (west) side of the building. There is no thru traffic at the aft of the building. Vehicle Operations The proposed U haul parking spaces at the aft of the building will serve as interim parking for the commercial vehicles when they are not out for rent. Upon return from rental, they require a brief visual inspection to be completed which can be completed safely out of the main traffic flow of the plaza. The isolated parking eliminates the potential impact of a U-Haul vehicle impeding a store front for other establishments within the plaza. The location of the 7 spaces does not interfere with access or traffic flow to any of the sites establishments. Closing Remarks Based on the findings of this Traffic Review, a reduction of parking on the property is not expected to result in any traffic impacts on the surrounding road network, and no anticipated concerns from an operations and road user safety standpoint. Furthermore, the proposed reduction/reservation of parking for the U-Haul vehicles will result in an improved operating environment, with less traffic generation and interference than the existing parking allocations. We trust that we have addressed the pertinent transportation matters for this proposed variance. Please do not hesitate to contact us for further clarification of any point. Sincerely, Alexander Sowkey, Maintenance Engineer Mathivannan Vyramuthu, Owner/Applicant Attached below is an updated GFA chart. -52- Gross Floor Area (GFA) Bylaw Requirement Current GFA Status (August 23, 2022) GFA (all buildings) Max. 929m2 As per Site Plan Approval 929m2 GFA (individual retail store) Max. 325m2 Unit #: 2076 GFA: 202 m2 GFA (day nurseries/private school) Max. 200m2 Unit #: N/A GFA: N/A Restaurant – Type A Max. 1 Unit #: N/A GFA: N/A -53- Report to Committee of Adjustment Application Number: P/CA 114/22 Date: September 14, 2022 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 114/22 Pickering Islamic Center 2065 Brock Road Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 6578/05, to permit: •3 accessory buildings (portables) on a lot without a main building, whereas the By-law states that “accessory building” shall mean a subordinate building, or structure on the same lot with the main building, or a part of the main building, devoted exclusively to an accessory use; •3 accessory buildings (portables) which are not part of the main building to be erected in the front yard, whereas the By-law states that all accessory buildings which are not part of the main building shall be erected in the rear yard; •accessory buildings (portables) to be setback a minimum of 0.0 metres from the east lot line and 0.5 metres from the south lot line, whereas the By-law states that accessory structures greater than 10 square metres in area shall be setback a minimum of 1.0 metres from all lot lines; and •3 accessory buildings (portables) with a total lot coverage of 6 percent, whereas the By-law states that the total lot coverage of all accessory buildings shall not exceed 5 percent of the lot area. The applicant requests approval of these variances in order to obtain a building permit for the temporary storage of 3 portables on the subject property. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and 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. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1.That these variances apply only to the 3 accessory buildings (portables), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3).-54- Report P/CA 114/22 September 14, 2022 Page 2 Background 2071 & 2065 Brock Road: The subject property (2071 Brock Road) and the abutting property to the south (2065 Brock Road) are both owned by the Pickering Islamic Center. The subject property is currently vacant, though it appears it is being used for parking and a basketball court/playground. The existing building and a parking area are located on 2065 Brock Road. The 3 accessory buildings (portables) are proposed to be located on 2071 Brock Road. Ongoing Rezoning Application A 03/16: The Pickering Islamic Center submitted a zoning by-law amendment application for 2071 & 2065 Brock Road, to permit a private school and daycare, and to recognize the existing place of religious assembly. The purpose of the rezoning is to facilitate the construction of a 3-storey, 3,419 square metre addition to the existing building. A statutory public meeting for the application was held on October 2, 2017. The application is ongoing and no decision has been made by Council. Proposed Use of the Portables: It is staff’s understanding that a private school is currently operating on 2065 Brock Road, within the existing building. There is an ongoing rezoning application, submitted by Pickering Islamic Centre, to permit a private school (see above). The applicant obtained the three portables from another school. Though a school use is not currently permitted, the applicant is requesting to temporarily store the portables on site, until Council makes a decision on the rezoning application. The City received a letter from Shakil Akhter, on behalf of the Pickering Islamic Center, acknowledging that the portables will not be occupied until a decision is made on the rezoning application, and site plan approval and building permits are obtained (see Appendix I, Letter from Pickering Islamic Center). Should the Committee decide to approve Minor Variance Application P/CA 114/22, the portables may only be used for storage associated with the Islamic Centre. A school use will not be permitted to operate within the portables through this minor variance application. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Medium Density Area within the Brock Ridge Neighbourhood. Community/cultural uses and uses accessory thereto are permitted within this designation. Conforms to the Intent of the Zoning By-law Permit accessory buildings on a lot without a main building and located in the front yard The purpose of these provisions is to ensure accessory uses act as secondary to the principal use of a property, and to minimize the visual impact of accessory buildings on the streetscape and adjacent properties. -55- Report P/CA 114/22 September 14, 2022 Page 3 The portables are proposed to be located on 2071 Brock Road, whereas the main building for the Islamic Centre is located on 2065 Brock Road. The abutting properties are both owned and used by the Pickering Islamic Center. The portables are secondary to the principal religious use of the properties. The lands for the Pickering Islamic Center are surrounded by public roads on all sides. Any location of the portables on the lands would be visible from the street. The proposed location of the portables is furthest away from any residential dwellings located along Usman Road or Jade Street. To the east of the portables, across Usman Road, is Usman Park. The proposed location of the portables minimizes the visual impact on adjacent residential properties. Permit reduced setbacks from the east and south lines The intent of this provision is to provide an appropriate separation between structures in order to maintain pedestrian access, and to accommodate grading and drainage. The reduced setback from the south lot line is appropriate, as the abutting property (2065 Brock Road) is owned by the Pickering Islamic Center. The portables will be easily accessible from the abutting property, where the main building is located. The reduced setback to the east lot line is required to ensure the parking area is maintained on the west side of 2071 Brock Road. The portables are adjacent to parking areas to the west and south, a basketball court/playground to the north, and Usman Road to the east. There is sufficient space to provide pedestrian access, and to accommodate grading and drainage. Permit increased lot coverage for accessory buildings The intent of this provision is to ensure accessory uses act as secondary to the principal use of a property. As noted above, the portables are secondary to the principal religious use of the Pickering Islamic Center. Desirable for the Appriopriate Development of the Land and Minor in Nature The purpose of these variances is to allow the temporary storage of portables on the subject property while the applicant works through an ongoing rezoning application to permit a private school use. Through this minor variance application, the portables may only be used for storage associated with the Islamic Center. A school use will not be permitted to operate within the portables through this minor variance application. Staff consider the requested variances to be appropriate development of the land and minor in nature. Input From Other Sources Applicant • No comments. Engineering Services • No comments. Building Services • Building Services has no comments. -56- Report P/CA 114/22 September 14, 2022 Page 4 Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: September 7, 2022 Comments prepared by: Isabel Lima Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration IL:jc J:\Documents\Dev elopment\D-3700\2022\PCA 114-22 Pickering Islamic Center\7. Report Attachments -57- Usma n R o a d Br o c k R o a d Ro y a l R o a d Denby Dr ive Gandalf Co u r t Major Oaks Road Sa f f r o n D r i v e DuberryDrive Jade Street Beaton W ay Finch Avenue Su n f l o w e r R o a d B luebird Crescent Sh a y D r i v e Rayleen Cres c ent Mcbrady Crescent BrockridgeCommunityPark Location MapFile:Applicant:Municipal Address: P/CA 114/22 Date: Aug. 29, 2022 Exhibit 1 Pickering Islamic Center2071 Brock Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2022\PCA 114-22 Pickering Islamic Center\PCA114-22_LocationMap.mxd 1:4,000 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © Queens Printer, Ontario Ministry of Natural Resources. All rights reserved.; © Her Majesty the Queen in Right of Canada, Departmentof Natural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -58- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n Fi l e N o : P/ C A 11 4 /2 2 Ap p l i c a n t : Pi c k e r i n g I s l a m i c C e n t r e Mu n i c i p a l A d d r e s s : 20 71 Br o c k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 2 9 , 2 0 2 2 to pe r m i t a c c e s s o r y bu i l d i n g s ( p o r t a b l e s ) t o be s e t b a c k a m i n i m u m of 0 . 0 m e t r e s f r o m t h e ea s t l o t l i n e a n d 0. 5 me t r e s f r o m t h e so u t h l o t l i n e to pe r m i t 3 a c c e s s o r y bu i l d i n g s ( p o r t a b l e s ) o n a l o t w i t h o u t a m a i n bu i l d i n g an d to pe r m i t 3 a c c e s s o r y bu i l d i n g s ( p o r t a b l e s ) wh i c h a r e n o t p a r t o f th e m a i n b u i l d i n g to be er e c t e d i n t h e fr o n t ya r d an d to pe r m i t 3 a c c e s s o r y bu i l d i n g s ( p o r t a b l e s ) wi t h a t o t a l l o t c o v e r a g e of 6 p e r c e n t Brock Road -59- Ex h i b i t 3 Su b m i t t e d El e v a t i o n s Fi l e N o : P/ C A 11 4 /2 2 Ap p l i c a n t : Pi c k e r i n g I s l a m i c C e n t r e Mu n i c i p a l A d d r e s s : 20 71 Br o c k R o a d FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : Au g u s t 2 9 , 2 0 2 2 -60- permit Appendix I -61-