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HomeMy WebLinkAboutJune 14, 2023 Committee of Adjustment Agenda Hearing Number: 6 Date: Wednesday, June 14, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, June 14, 2023 7:00 pm Electronic Hearing Page Number For information related to accessibility requirements please contact: Secretary-Treasurer or Assistant Secretary-Treasurer Telephone: 905.420.4617 Email: citydev@pickering.ca 1-9 1.Disclosure of Interest 2.Adoption of Agenda 3.Adoption of Minutes from May 10, 2023 hearing 4.Reports 4.1 10-16(Deferred at the May 10, 2023 Hearing) P/CA 23/23 – 572 Springview Drive 4.2 P/CA 27/23 – 213 Gwendolyn Street 17-24 4.3 P/CA 28/23 – 1428 Mockingbird Square 25-32 4.4 P/CA 29/23 – 344 Sheppard Avenue (Part 2) 33-42 4.5 P/CA 30/23 – 4993 Brock Road 43-59 4.6 P/CA 31/23 – 131 White Pine Crescent 60-66 5. Adjournment Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 1 of 9 Pending Adoption Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Rick Van Andel Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Jasmine Correia, Assistant Secretary-Treasurer Isabel Lima, Planner II – Host Kerry Yelk, Planner I Ziya Cao, Planner I Absent Not applicable. 1.Appointment of Chairperson Moved by Denise Rundle Seconded by Omar Ha-Redeye That Sean Wiley be appointed as Chairperson for the remainder of the 2023 term. Carried Unanimously 2.Disclosure of Interest No disclosures of interest were noted. 3.Adoption of Agenda Moved by Denise Rundle Seconded by Omar Ha-Redeye That the agenda for the Wednesday, May 10, 2023 hearing be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 2 of 9 4.Adoption of Minutes Moved by Rick Van Andel Seconded by Denise Rundle That the minutes of the 4th hearing of the Committee of Adjustment held Wednesday, April 12, 2023 be adopted. Carried Unanimously 5.Reports 5.1 P/CA 23/23 S. & T. Perivolaris 572 Springview Drive The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837/84 and By-law 1964/85, to permit a covered platform (deck) not exceeding 1.0 metre in height above grade and not projecting more than 2.8 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. The applicant requests approval of this application in order to permit an existing covered deck. Input from other sources were received from the Applicant, City Engineering Services and City Building Services. In support of the application, the applicant identified the existing covered deck encroaching into the rear yard setback. Tom Perivolaris, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. In response to questions from a Committee member, the applicant intends to keep the roof on the deck. In response to a question from a Committee member, the Secretary Treasurer clarified whether that a covered patio would be included in the building coverage. Confirmation is needed whether another variance is needed. In response to a question from a Committee member, the applicant stated he would agree to defer the application to the next hearing to enquire whether or not a second variance is required. -2- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 3 of 9 Given that a second variance may be needed, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 23/23 by S. & T. Perivolaris, be Deferred to the June 14, 2023 hearing. Carried Unanimously 5.2 P/CA 24/23 & P/CA 25/23 K. Yusef & J. Sukhu 1390 Rougemount Drive (Parts 1 & 2) P/CA 24/23 – Part 1 The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88, By-law 7874/21 and By-law 7902/22, to permit: • a minimum lot frontage of 15.0 metres, whereas the By-law requires minimum lot frontage of 18.0 metres; • minimum (north) side yard of 1.5 metres, whereas the By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres; • minimum (south) side yard of 1.7 metres, whereas the By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres; (withdrawn by agent at the hearing) and • a maximum dwelling depth of 24.5 metres, whereas the By-law states that the maximum dwelling depth for lots with depths greater than 40.0 metres shall be 20.0 metres. P/CA 25/23 – Part 2 The applicant requests relief from Zoning By-law 3036, as amended by By-law 2912/88, By-law 7874/21 and By-law 7902/22, to permit: • a minimum lot frontage of 15.0 metres, whereas the By-law requires minimum lot frontage of 18.0 metres; -3- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 4 of 9 • minimum (south) side yard of 1.5 metres, whereas the By-law states that where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.8 metres; and • an uncovered platform (balcony) not exceeding 3.1 metres in height above grade, and not projecting more than 0.6 of a metre into the required (south) side yard, whereas the By-law states that uncovered steps or platforms not exceeding 1.0 metre in height above grade, and not projecting more than 0.5 of a metre into any required side yard (withdrawn by agent at the hearing). The applicant requests approval of these applications in order to sever the property resulting in a total of two lots and to construct two detached dwellings. Input from other sources were received from the Applicant, City Engineering Services, City Building Services, the Toronto and Region Conservation Area (TRCA) and one area resident. In support of the applications, the applicant refered to the Planning Rationale Report. Paul Demczak, agent, was present to represent the applications. No further representation was present in favour of or in objection to the application. The agent made a presentation in support of the application. The agent withdrew the minimum (south) side yard variance from P/CA 24/23 and the uncovered platform (balcony) variance from P/CA 25/23. In response to questions from Committee members, the agent stated the purchasers own the property. It is intended when the lots are created each respective owner will own one of the two lots. Site plan shows two separate driveways are proposed, and as part of the consent application they are expecting to have to submit an Arborist Report and Tree Preservation Plan for consideration of the Land Division Committee. As per Engineering comments there is currently a median in front of the two proposed lots. The applicants have spoken with City staff to ensure a meandering driveway will be acceptable. The staggered frontage measurements were taken from the front wall of the abutting north property. After listening to the agent’s presentation and responses, making a site visit and considering the staff report, the proposal seems to be compatible with the new development that is being seen on Rougemount Drive. The application seems appropriate for the neighbourhood and doesn’t pose any significant issues. Denise Rundle moved the following motions: Moved by Denise Rundle Seconded by Omar Ha-Redeye -4- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 5 of 9 That application P/CA 24/23 by K. Yusef & J. Sukhu, 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 lot and detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated May 10, 2023). 2. Final approval of the Land Division Committee be obtained. Carried Unanimously That application P/CA 25/23 by K. Yusef & J. Sukhu, 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 lot and detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7 contained in the staff report to the Committee of Adjustment, dated May 10, 2023. Applicable plans to be revised to the satisfaction of Engineering Services, to reflect proper access, avoiding the existing median island). 2. Final approval of the Land Division Committee be obtained. Carried Unanimously 5.3 P/CA 26/23 L. Robinson 476 Toynevale Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, and 7900/22 to permit: • an accessory structure (shipping container) to be erected in the west interior side yard and front yard • an accessory building (existing shed) to be located no closer than 1.3 metres to the rear lot line on a corner lot The applicant requests approval of this minor variance application in order to permit the existing accessory structures (shipping container and shed) on the property. -5- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 6 of 9 Input from other sources were received from the Applicant, City Engineering Services, City Building Services and four area residents. In support of the application, the applicant identified the location of the existing structures does not comply with the zoning by-law. Lisa Robinson, applicant, was present to represent the applications. Three area residents were present in objection to the applications. The Chair read out an area resident comment letter in objection to the application. Philip Hoffe, area resident; stated the following in objection to the application: there is no concern with the variance regarding the shed but there is concern with the shipping container that has been on the property since October without building permits; if the container is to be relocated will it be set on the dirt or gravel as he is worried it will sink into the ground; by-laws are in place for a reason, the shipping container is permitted in the rear yard, however this is set partially in the front yard; and is an eyesore. Robert Carriere, area resident; stated the following in objection to the application: has similar concerns as the resident prior; why should the variance be allowed for something that should be built using the standard building permit process and the zoning by-laws that are currently in place; having a shipping container be permanent doesn’t make sense; feels there is a double standard with this application because when a neighbor had installed an ice rink in their front lawn they were given notice that they had 48 hours to remove it, and wondering why this homeowner wasn’t given those same conditions. Chris Salmon, area resident; stated the following in objection to the application: lives in the south Rosebank area and the residents in this neighbourhood take pride in their properties, this is a residential area not a shipping yard and is not zoned as such; Toynevale Road is one of two access roads in and out of the area and therefore must pass the applicant’s property several times a day and it is and eyesore; will impact future buyers; and multiple neighbours in the 65 metres radius were very reluctant to speak tonight considering the applicant is a Pickering City Councillor and finds there is a double standard. In response to comments from area residents, the applicant stated there is no double standard as the shipping container was purchased prior to the election; requires the shipping container for Halloween decoration storage for charity events; explained there was a conversation with City staff to ensure the container was permitted and was advised according to the measurements, it was permitted; her immediate neighbours had submitted letters in support of the application; the application is regarding the land use of the property, not the type of materials being used for the structure; these types of accessory uses are permitted within this area; believes all tests of the Planning Act -6- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 7 of 9 have been met and conforms to the Official Plan and Zoning By-laws; willing to provide a buffer between her property and the property to the west; the shipping container is dark grey and matches the aesthetics of her house; additional dwelling units will be permitted in Pickering; and stated she is a real estate agent and stated there are other properties with shipping containers on their property and it will not decrease the housing price in the neighbourhood. Committee member stated he spoke with Pickering planners and Building Code experts and if the shipping container is going to be permanent then it is permitted, the placement of the structure is what the Committee should be focusing on tonight. In response to questions from Committee members, the applicant stated the following: she has owned the property for 12 years; storage facilities will cost her $800/month to house her Halloween props, her house is a bungalow and half of the basement is a dirt crawl space which she cannot utilize as storage; has not seen any single-dwelling properties with shipping containers in her immediate neighbourhood but there are in Pickering; due to the shape of the dwelling there is limited rear yard space to accommodate the shipping container, where the deck is located is not considered the rear yard; one shed on the property holds some of the Halloween decorations and extra wood, the other is used for garden equipment and the shipping container is at capacity and cannot fit anything else; has planted over 60 trees on the property that will assist in screening the container and can use decorative fencing, measuring at 8 feet long 2 by 2s, the applicant’s cars will also be parking in front of it which will also help with screening; in comparison to the dwelling, the container’s height stops just below where the dwelling’s roof begins; and is willing to push the container back further so that it is flush with the house. Committee members commented: due to the large front yard depth and a smaller rear yard it is understood why the variance is needed; the variance arouse due to complaints from neighbours in the vicinity; shipping containers are not commonly associated with residential areas but noticing a lot more owners are choosing to convert containers to homes; understands applicant worked with Planning staff to move the shipping container to one side of the house to the other, however both locations are street yards and both visible; the front yard is more visible to travelling public as they all stop in front of the property; by-laws permit shipping containers in the rear yard and in that case a variance will not be needed; in regards to screening, trees are seasonal and are not permanent and requires maintenance, there is no guarantee the owner will keep up with maintenance; questioning whether a permanent shipping container is an appropriate accessory structure on a side or front yard; will be setting a precedent for the neighbourhood as currently no other dwellings have a shipping container located in the side or front yard; if the shipping container is pushed back closer to the rear yard it could be less visible from the streetscape due to the landscaping currently on property and the dwelling acting as screening; the shipping container being located in the front yard in conjunction with the other accessory dwelling is making it challenging to view -7- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 8 of 9 this variance as minor; in regards to the impact, there are questions whether this container is compatible with the established built form and character of the neighbourhood as it relates to the streetscape. After taking in to account the four tests of the Planning Act, the staff report, the applicant’s response and public input, in regards to the variance to permit an accessory building (existing shed) to be located no closer than 1.3 metres to the rear lot line on a corner lot, Denise Rundle moved the following motion: That the variance to permit an accessory building (existing shed) to be located no closer than 1.3 metres to the rear lot line on a corner lot by L. Robinson, 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 applies only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 4 contained in the staff report to the Committee of Adjustment, dated May 10, 2023). In the matter of the variance to permit an accessory structure (shipping container) to be erected in the west interior side yard and front yard, after considering private and public interest, a permanent shipping container in any portion of the side or front yard of this single-family dwelling unit is not in keeping with the established streetscape and residential character of this older street and neighbourhood and therefore does not maintain the intent of the Official Plan and Zoning By-law. Opportunity exists to install a shipping container, if the owner wishes, in the rear yard which will be in conformity of the by-law, the proposed location of the permanent shipping container has a significant potential of having a negative visual impact on the streetscape, given that all drivers must stop directly in front of this dwelling, and therefore is not considered desirable or appropriate development of the land. Council has not turned its mind in the zoning by-law to permanent shipping containers as a common accessory structure associated with a single-family dwelling and as such, is interpreted as an accessory structure which could have an adverse impact on accessory structures within neighbourhoods, therefore creating a larger impact, as such the variance is not considered to be minor. Denise Rundle moved the following motion: That the variance to permit an accessory structure (shipping container) to be erected in the west interior side yard and front yard by L. Robinson, 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. -8- Committee of Adjustment Hearing Minutes Wednesday, May 10, 2023 7:00 pm Electronic Hearing Page 9 of 9 Moved by Denise Rundle Seconded by Omar Ha-Redeye Carried Vote: Omar Ha-Redeye in favour Denise Rundle in favour Sakshi Sood Joshi in favour Rick Van Andel opposed Sean Wiley opposed 6. Adjournment Moved by Omar Ha-Redeye Seconded by Rick Van Andel That the 5th hearing of the 2023 Committee of Adjustment be adjourned at 8:40 pm and the next hearing of the Committee of Adjustment be held on Wednesday, June 14, 2023. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer -9- Report to Committee of Adjustment Application Number: P/CA 23/23 Date: June 14, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: (Deferred at the May 10, 2023 Hearing) Committee of Adjustment Application P/CA 23/23 S. & T. Perivolaris 572 Springview Drive Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1837/84 and By-law 1964/85, to permit a covered platform (deck) not exceeding 1.0 metre in height above grade and not projecting more than 2.8 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. The applicant requests approval of this application in order to permit an existing covered 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 existing covered platform (deck), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). Background The applicant has indicated that the existing covered deck existed prior to purchasing the property. City staff are unable to identify a corresponding building permit for the existing deck. The applicant has applied for a Building Permit to permit the existing covered deck. -10- Report P/CA 23/23 June 14, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Amberlea Neighbourhood. Residential uses such as detached dwellings and accessory uses are permitted within this designation. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is zoned “S2” by Zoning By-law 3036, as amended by By-laws 1837/84 and 1964/85. The intent of limiting the projection of platforms and steps into the rear yard is to ensure adequate amenity space is maintained in the rear yard. Due to the irregular shape of the lot, the applicant is required to obtain a minor variance to permit the deck projecting 2.8 metres, whereas the By-law permits a maximum 1.5 metre projection. It should be noted, that only a portion (the north corner) of the existing covered deck projects into the required rear yard (refer to Exhibit 2). The south corner of the deck does not encroach into the required rear yard. The existing covered deck is an existing situation that has not caused negative impacts. There appears to be sufficient space in the rear yard for landscaping and amenity purposes. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance is intended to obtain a Building Permit to permit the existing covered deck. The deck provides access to the rear yard from the dwelling, and contributes towards the total usable amenity space in the rear yard. To date, the existing deck has had no negative impacts on drainage or privacy concerns for abutting neighbours. Staff is of the opinion that the requested variance is desirable and appropriate and is minor in nature. Input From Other Sources Applicant • Existing covered deck encroaching into the rear yard setback. Engineering Services • No comments. Building Services • (Revised) no concerns. Public Input • No written submissions were received from the public as of the date of writing this report. -11- Report P/CA 23/23 June 14, 2023 Page 3 Date of report: June 7, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 23-23\7. Report Attachments -12- Am b e r l e a R o a d Fe r n a m S t r e e t Ob e r o n C o u r t Highview Road Arcadia Square DriftwoodCourt Strouds Lane Miranda Court Post D r i v e Ab e r f o y l e C o u r t Na p a n e e R o a d Boyne CourtSaugeenDrive Ariel Crescent Mo n t c l a i r L a n e Char n w o o d C o u r t Ashfield Court WoodsideLane SturgeonCourt Ki r k w o o d L a n e Vi l l a g e S t r e e t Dencourt Dr i v e E r a m o s a C r e s c ent Gr e e n v a l e C r e s c e n t S pr i n g v i ew D r i v e Ch i r o n C r e s c e n t St. Mary Park Location MapFile:Applicant:Municipal Address: P/CA 23/23 Date: Apr. 12, 2023 Exhibit 1 ¯ E T. & S. Perivolaris 572 Springview Drive SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 23-23\PCA23-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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 -13- Exhibit 2 Submitted Plan - Site Plan File No: P/CA 23/23 Applicant: S. & T. Perivolaris Municipal Address: 572 Springview Drive Contact The City of Pickering City Development Department for Digital Copies of this Plan. Date: April 26, 2023 to permit a covered platform (deck) not exceeding 1.0 metre in height above grade, and not projecting more than 2.8 metres into any required rear yard -14- Ex h i b i t 3 Su b m i t t e d P l a n – Si d e E l e v a t i o n Fi l e N o : P/ C A 23 /23 Ap p l i c a n t : S. & T . P e r i v o l a r i s Mu n i c i p a l A d d r e s s : 57 2 S p r i n g v i e w D r i v e 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 Di g i t a l C o p i e s o f t h i s P l a n . Da t e : Ap r i l 2 6 , 2 0 2 3 2. 7 3 m e t r e s -15- Ex h i b i t 4 Su b m i t t e d P l a n – Fr o n t E l e v a t i o n Fi l e N o : P/ C A 23 /23 Ap p l i c a n t : S. & T . P e r i v o l a r i s Mu n i c i p a l A d d r e s s : 57 2 S p r i n g v i e w D r i v e 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 : Ap r i l 2 6 , 2 0 2 3 -16- Report to Committee of Adjustment Application Number: P/CA 27/23 Date: June 14, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 27/23 P. Ficara 213 Gwendolyn Street Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1700/83, to permit: • an uncovered steps and platform (deck) not exceeding 1.1 metres in height above grade and not projecting more than 5.7 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 • a maximum lot coverage of 39.5 percent, whereas the By-law permits a maximum lot coverage of 38 percent. The applicant requests approval of this minor variance application in order to obtain a building permit to permit the construction of a multi-level deck with steps and attached pavilion roof structure. 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 uncovered multi-level deck with steps and attached pavilion roof structure, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). -17- Report P/CA 27/23 June 14, 2023 Page 2 Background The applicant has indicated that the proposed deck and attached pavilion structure will replace an existing deck and detached temporary gazebo structure. City staff are unable to identify a corresponding building permit for the previously built deck. The applicant has indicated to staff that the previous deck has since been removed by the owner. The applicant has now applied for a building permit to permit the proposed multi-level deck with attached pavilion roof structure. A building permit has been issued for the lower level portion of the deck, as it complies with the Zoning By-law. However, a building permit will be required for the upper-level portion of the deck and the proposed attached pavilion roof structure. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Rougemount Neighbourhood. Residential uses such as detached dwellings and accessory uses are permitted within this designation. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The proposed multi-level deck will replace a previously built deck, which also did not comply with the applicable Zoning By-law. The City does not have any records of an issued building permit for the previously built deck. Obstruction of Yards The subject property is zoned “S3” by Zoning By-law 3036, as amended by Zoning By-law 1700/83. The intent of limiting the projection of platforms and steps into the rear yard is to ensure adequate amenity space is maintained in the rear yard. The proposed multi-level deck will be used as rear yard amenity space, and to access an existing above-ground pool. Due to the irregular shape of the lot, the applicant is required to obtain a minor variance to permit the deck projecting 5.7 metres, whereas the By-law permits a maximum 1.5 metre projection. It should be noted, that only the upper-level portion of the proposed deck projects into the required rear yard (refer to Exhibit 2). The lower-level portion of deck complies with the Zoning By-law. Lot Coverage The intent of the maximum lot coverage of 38 percent is to ensure an appropriate amount of space is left uncovered by buildings on a lot to provide for landscaping and outdoor amenity areas, and to maintain appropriate drainage. -18- Report P/CA 27/23 June 14, 2023 Page 3 The existing dwelling accounts for 32.3 percent of the total coverage, the existing shed accounts for 1.7 percent of the coverage, and the proposed attached pavilion roof structure accounts for 5.1 percent of the coverage. The proposed deck is not included in the lot coverage calculation. The requested variances are intended to facilitate the construction of an uncovered multi-level deck that will contribute to the total amount of usable amenity space within the rear yard. There is also sufficient space along the south yard of the proposed deck for landscaping and amenity purposes. The applicant has provided a 1.2 metre space between all structures and the property boundaries. Staff is of the opinion that the requested variances maintain the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance is intended to obtain a building permit to permit an uncovered multi-level deck along with an attached pavilion roof structure. The deck provides access to the rear yard from the dwelling, and contributes towards the total usable amenity space in the rear yard. To date, the previously existing deck has had no negative impacts on drainage or privacy concerns for abutting neighbours. Staff is of the opinion that the requested variance is desirable and appropriate and is minor in nature. Input From Other Sources Applicant • The home was purchased in 2019, and all of the deck work is to replace an original deck that was extremely deteriorating and unsafe. The pavilion roof structure is replacing a temporary gazebo structure damaged by weather. 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: June 7, 2023 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)\2023\PCA 27-23\7. Report\PCA 27-23 Report.docx Attachments -19- Ho o v e r D r i v e Valley Gate Littleford Street Fawnda l e R o a d Rougemount Drive Fiddlers Court Gwendolyn Street Al t o n a R o a d Dale w o o d D riv e Brookridge Gate W o o dviewDrive Howell Crescent R i v e r v i e w C r e s c e n t Stover Crescent R o u g e V a lle y D rive Rouge Valley Park Elizabeth B. Phin Public School Location MapFile:Applicant:Municipal Address: P/CA 27/23 Date: May. 03, 2023 Exhibit 1 ¯ E P. Ficara 213 Gwendolyn Street SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 27-23\PCA27-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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 -20- Exhibit 2 Submitted Site Plan File No: P/CA 27/23 Applicant: P. Ficara Municipal Address: 213 Gwendolyn Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 Proposed upper level deck Existing dwelling Existing pool shed Proposed lower level deck Proposed pavilion structure Existing above-ground pool Gwendolyn Street Outline of roof eaves -21- Exhibit 3 Submitted Site Plan File No: P/CA 27/23 Applicant: P. Ficara Municipal Address: 213 Gwendolyn Street CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 to permit uncovered steps and platforms (deck) not exceeding 1.1 metre in height above grade, and not projecting more than 5.7 metres into the required rear yard Gwendolyn Street to permit a maximum lot coverage of 39.5 percent -22- Ex h i b i t 4 Su b m i t t e d El e v a t i o n Pl a n s Fi l e N o : P/ C A 27 / 2 3 Ap p l i c a n t : P F i c a r a Mu n i c i p a l A d d r e s s : 21 3 G w e n d o l y n S t r e e t 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 : Ma y 3 1 , 2 0 2 3 Up p e r D e c k – Ea s t E l e v a t i o n Up p e r D e c k – We s t E l e v a t i o n -23- Ex h i b i t 5 Su b m i t t e d El e v a t i o n Pl a n s Fi l e N o : P/ C A 27 / 2 3 Ap p l i c a n t : P F i c a r a Mu n i c i p a l A d d r e s s : 21 3 G w e n d o l y n S t r e e t 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 Di g i t a l C o p i e s o f t h i s P l a n . Da t e : Ma y 3 1 , 2 0 2 3 Pa v i l i o n – Ea s t E l e v a t i o n -24- Report to Committee of Adjustment Application Number: P/CA 28/23 Date: June 14, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 28/23 Mattamy (Seaton) Limited 1428 Mockingbird Square Application The applicant requests relief from Zoning By-law 7364/14, as amended by By-law 7857/21 to permit rear yard setback of 4.0 metres whereas the By-law permits a minimum rear yard setback of 6.0 metres. The applicant requests approval of this minor variance application in order to facilitate a future building permit for a two-storey detached dwelling. Recommendation For your information, and based solely on the application for minor variance 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: That this variance apply only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Low Density Area” within the Wilson Meadows Neighbourhood. Residential uses such as detached dwellings are permitted within this designation. -25- Report P/CA 28/23 June 14, 2023 Page 2 Conforms to the Intent of the Zoning By-law The intent of requiring a minimum rear yard setback of 6.0 metres is to ensure that sufficient amenity space is provided in the rear yard. Due to irregular shape of the lot, the applicant is requesting to reduce the minimum rear yard setback to 4.0 metres on the west side of the proposed detached dwelling. The proposed location of the dwelling is able to provide minimum setback of 7.5 metres from the abutting property to the rear of the lot on the east side of the dwelling. Further, the pie-shape lot provides additional yard space at the rear of the west interior side yard as amenity space. Staff is of the opinion sufficient amenity space can be maintained, and the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature A majority of the rear lot line of the subject property abuts a wooded area, and remaining portion of the rear lot line to the east abuts a residential lot. The requested variance is proposed on the west side of the dwelling, which backs onto the wooded area. As previously mentioned, the proposed location of the dwelling maintains a minimum setback of 7.5 metres from rear abutting property, as such the proposed 2.0 metre reduction in the required rear yard setback is not expected to have significant visual impact to the surrounding properties. Additionally, the requested variance is not anticipated to have any significant impacts on drainage or on the abutting natural area. Staff is of the opinion that the requested variance is desirable for the appropriate development of land and it is minor in nature. Input From Other Sources Applicant • This minor variance is required because this lot is uniquely shaped, and it would be a challenge to fulfil the “standard” rear yard setback. Refer to Planning Rationale Memo. 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: June 7, 2023 Comments prepared by: Ziya Cao Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 28-23\7. Report\PCA 28-23 Report.docx Attachments -26- Mourning Dove Lane Mo c k i n g b i r d S q u a r e Ha w k t a i l P a t h Foxden Square Swallowtail Lane Location MapFile:Applicant:Municipal Address: P/CA 28/23 Date: May. 11, 2023 Exhibit 1 ¯ E Mattamy (Seaton) Limited 1428 Mockingbird Square SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 28-23\PCA28-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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 -27- Exhibit 2 Submitted Site Plan File No: P/CA 28/23 Applicant: Mattamy (Seaton) Limited Municipal Address: 1428 Mockingbird Square FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: May 18, 2023 to permit a rear yard setback of 4.0 metres -28- Ex h i b i t 3 Su b m i t t e d So u t h El e v a t i o n Fi l e N o : P/ C A 28 /2 3 Ap p l i c a n t : Ma t t a m y ( Se a t o n ) L i mi t e d Mu n i c i p a l A d d r e s s : 14 2 8 M o c k i n g b i r d S q u a r 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 DE P A R T M E N T . Da t e : Ma y 1 8, 2 0 2 3 -29- Ex h i b i t 4 Su b m i t t e d No r t h El e v a t i o n Fi l e N o : P/ C A 28 /2 3 Ap p l i c a n t : Ma t t a m y ( S e a t o n ) L i m i t e d Mu n i c i p a l A d d r e s s : 14 2 8 M o c k i n g b i r d S q u a r 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 DE P A R T M E N T . Da t e : Ma y 1 8, 2 0 2 3 -30- Ex h i b i t 5 Su b m i t t e d We s t El e v a t i o n Fi l e N o : P/ C A 28 /2 3 Ap p l i c a n t : Ma t t a m y ( S e a t o n ) L i m i t e d Mu n i c i p a l A d d r e s s : 14 2 8 M o c k i n g b i r d S q u a r 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 DE P A R T M E N T . Da t e : Ma y 1 8, 2 0 2 3 -31- Ex h i b i t 6 Su b m i t t e d Ea s t El e v a t i o n Fi l e N o : P/ C A 28 /2 3 Ap p l i c a n t : Ma t t a m y ( Se a t o n ) L i mi t e d Mu n i c i p a l A d d r e s s : 14 2 8 M o c k i n g b i r d S q u a r 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 DE P A R T M E N T . Da t e : Ma y 1 8, 2 0 2 3 -32- Report to Committee of Adjustment Application Numbers: P/CA 29/23 Date: June 14, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 29/23 S. Sulaimankhail 344 Sheppard Avenue (Part 2) Application The applicant requests relief from Zoning By-law 3036 to permit a minimum (west) side yard of 0.7 of a metre, whereas the By-law states that the minimum required side yard shall be 1.5 metres. The applicant requests approval of this minor variance application in order to sever the property resulting in a total of two lots and to obtain a building permit to separate the existing dwelling into two dwellings. 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 lot and detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4). 2. That prior to the issuance of a building permit, Engineering Services must be satisfied that the Engineering Design Criteria can be adequately addressed within the minimum west side yard of 0.7 of a metre. Background Previously, 344 Sheppard Avenue had a lot frontage of 30.5 metres, a total lot area of 1480 square metres and a 1-storey dwelling occupied the subject property. The applicant has proposed to reconfigure the existing one-storey dwelling, creating two separate structures, resulting in one detached dwelling per lot (refer to Exhibit 3). -33- Report P/CA 29/23 June 14, 2023 Page 2 On-going Severance Application LD 093/2021: On September 13, 2021, LD 093/2021 was conditionally approved by the Durham Region Land Division Committee. A condition of approval was to separate the existing one-storey residential dwelling that would straddle the newly created property line between the proposed retained and severed parcels. Furthermore, a condition of approval was to address any zoning non-compliances. The separation of the existing 1-storey dwelling will result in the dwelling on Part 2 to be located 0.7 of a metre from the west property line. Infill & Replacement Housing Zoning By-laws 7874/21 and 7902/22: The property is subject to By-law 7874/21 and By-law 7902/22. On September 27, 2021, City Council enacted By-law 7874/21 (Infill By-law) to amend Zoning By-law 3036, to rezone all lands within the Established Neighbourhood Precincts to an “Established Neighbourhood Precinct Overlay Zone” category. The amending Infill By-law introduces new provisions for yard setbacks, building height, lot coverage and other zoning standards to ensure new built form is compatible with existing built form. Following adoption by Council, the City received appeals to the Infill By-law. The applicant is requesting a variance to the maximum dwelling depth. On January 24, 2022, City Council adopted By-law 7902/22, to reinstate a maximum building height of 9.0 metres for all lands within the Established Neighbourhood Precincts. The City also received appeals to this By-law. The proposed development does not require variances to the Infill By-law 7874/21 & 7902/22. Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Woodlands Neighbourhood. This designation primarily provides for residential uses. The applicant has reviewed and made comment on the proposal using the Council-adopted Urban Design Guidelines for Infill and Replacement Housing in Established Neighbourhood Precincts Checklist, which can be found as Appendix A to this report. Conforms to the Intent of the Zoning By-law 344 Sheppard Avenue is zoned “R4” – Single Detached Residential, Fourth Density, under Zoning By-law 3036, as amended. Side Yard (Part 2) The intent of the minimum side yard requirement is to provide an appropriate separation between structures on abutting properties in order to maintain pedestrian access, and to accommodate grading, drainage and residential services. The applicant has proposed a west side yard of 0.7 of a metre. The existing dwelling to the west has an east side yard setback of 3.5 metres, which provides a 4.2 metre separation between the existing dwellings. -34- Report P/CA 29/23 June 14, 2023 Page 3 The proposed dwellings will maintain a separation of 4.2 metres. The proposed separated dwelling on Part 2 has a 0.7 metre setback to the west side yard lot line. In keeping with the City’s Engineering Design Criteria, Engineering Services has indicated that a 1.5 metre minimum setback on the south lot line is required to provide sufficient space to create a drainage swale while maintaining a 0.6 metre undisturbed strip within the subject property. The applicant will be required to construct a drainage swale along the proposed common lot line between Parts 1 and 2 (refer to Exhibit 2). There is sufficient space between the proposed dwellings and adjacent dwellings to the west and east to provide for pedestrian access, and to accommodate grading, drainage and residential services. It should be noted that the side yard setback variance applies only to the existing dwelling. Any future development of this property will require a minimum 1.5 metre side yard setback. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the development of the subject property for residential uses. The proposed lot appears to sufficiently site a dwelling that will maintain the general character of the existing neighbourhood. The applicant will be required to construct a drainage swale along the proposed common lot line. Staff consider the proposed dwelling to be appropriate relative to the size of the proposed lots. The proposed dwelling is appropriate for the development of the land and is minor in nature. Input From Other Sources Applicant • This is an existing building on severed and retained property. The middle part of the existing dwelling is proposed to be demolished to create two detached dwellings. Engineering Services • With regards to the reduced side yard setback, it will not be possible to accommodate a minimum 0.15m deep drainage swale with 3:1 side slopes and the required 0.6m undisturbed strip with a setback of less than 1.5m. If the applicant need to perform grading works and provide a 1.2m minimum setback so that a common swale can be constructed on the shared property line, Engineering Services may consider a reduced setback. This is to be shown with the severance and future building permit applications. Building Services • No concerns. Public Input • No written submissions were received from the public as of the date of writing this report. -35- Report P/CA 29/23 June 14, 2023 Page 4 Date of report: June 8, 2023 Comments prepared by: Kerry Yelk Deborah Wylie, MCIP, RPP Planner I Manager, Zoning & Administration KY:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 29-23\7. Report Attachments -36- Urban City of Pickering Established A 1 Appendix A Urban Design Guideline Checklist City of Pickering Established Neighbourhood Precincts Urban Design Checklist Please note, if you mark “no” below please provide your rational in the adjacent “Comments” section either supporting, or not supporting the proposal. Yes No Comments x 1. Is the proposed dwelling height and roof pitch similar/compatible with the surrounding dwellings? (see Section 2.1: Guideline 1) 2. If the proposed new dwelling is significantly taller than an existing adjacent house, does the roof of the proposed new dwelling slope away from the existing adjacent house? (see Section 2.1: Guideline 2) Not applicable, as this is an existing one-storey dwelling. X 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) X 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) X 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) Not applicable, as this is an existing one-storey dwelling. X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) -37- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) Not applicable, as this is an existing one-storey dwelling. X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) X 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) -38- Twyn Rivers Drive Al t o n a R o a d G r a n b y C o u r t Sheppard Avenue South Petticoat Ravine South Petticoat Ravine Location MapFile:Applicant:Municipal Address: P/CA 29/23 Date: May. 12, 2023 Exhibit 1 ¯ S. Sulaimankhail 344 Sheppard Avenue L:\PLANNING\01-MapFiles\PCA\2023\PCA 29-23\PCA29-23_LocationMap.mxd 1:2,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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 E SubjectLands -39- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n – Ex i s t i n g D w e l l i n g & P r o p o s e d Se v e r a n c e Fi l e N o : P/ C A 29 / 2 3 Ap p l i c a n t : S. S u l a i m a n k h a i l Mu n i c i p a l A d d r e s s : 34 4 S h e p p a r d A v e n u e ( P a r t 2 ) C o 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 : Ma y 3 1 , 20 2 3 exi s t i n g on e -st o r e y dwe l l i n g Pa r t 2 – pro p o s e d sev e r e d lot Pa r t 1 – pro p o s e d ret a i n e d lot Sh e p p a r d A v e n u e Pa r t 3 – con v e y e d f o r roa d wid e n i n g -40- Exhibit 3 Submitted Site Plan (Detailed) File No: P/CA 29/23 Applicant: S. Sulaimankhail Municipal Address: 344 Sheppard Avenue (Part 2) CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 proposed single detached dwelling proposed single detached dwelling to permit a minimum (west) side yard of 0.7 of a metre proposed separation proposed lot boundary -41- Ex h i b i t 4 Su b m i t t e d El e v a t i o n Pl a n Fi l e N o : P/ C A 29 / 2 3 Ap p l i c a n t : S. S u l a i m a n k h a i l Mu n i c i p a l A d d r e s s : 34 4 S h e p p a r d A v e n u e ( P a r t 2 ) C o n t a c t T h e Ci 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 : Ma y 3 1 , 2 0 2 3 So u t h E l e v a t i o n W e s t El e v a t i o n Ea s t El e v a t i o n -42- Report to Committee of Adjustment Application Number: P/CA 30/23 Date: June 14, 2023 From: Cody Morrison Principal Planner, Development Review Subject: Committee of Adjustment Application P/CA 30/23 L. Iakovleva 4993 Brock Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-laws 6640/06 and 7623/18 to permit: • a detached dwelling or a duplex dwelling to be permitted on lands zoned “ORM-C2-2”, whereas the By-law permits a range of commercial uses and a duplex dwelling; • an accessory dwelling unit to be permitted on lands zoned “ORM-C2-2”, whereas the By-law does not permit an accessory dwelling unit on lands zoned “ORM-C2-2”; • a maximum of one accessory dwelling unit to be located within an ancillary structure, whereas the By-law permits a maximum of one accessory dwelling unit to be located within a building or structure containing the principle use; • a minimum lot area of 424 square metres for an accessory dwelling unit, whereas the By-law requires the minimum lot area for an accessory dwelling unit to be 695 square metres; • a maximum lot coverage of 38 percent, whereas the By-law permits a maximum lot coverage of 33 percent; • a minimum landscape open space of 36 percent, whereas the By-law requires minimum landscape open space of 50 percent; • a rear yard setback of 0.6 of a metre to the existing accessory dwelling unit, whereas the By-law requires a minimum rear yard of 7.5 metres; • a minimum rear yard setback of 0.5 of a metre to the rear lot line and a minimum of 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 10 square metres in area, whereas the By-law requires accessory structures greater than 10 square metres in area shall be set back a minimum of 1.0 metre from all lot lines; • a minimum rear yard setback of 0.5 of a metre to the rear lot line and a minimum of 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 10 square metres in area, whereas the By-law requires accessory structures greater than 1.8 metres in height shall be set back a minimum of 1.0 metres from all lot lines -43- Report P/CA 30/23 June 14, 2023 Page 2 The applicant requests approval of this minor variance application in order to permit a detached dwelling and accessory dwelling unit within an accessory structure (two-storey coach house), and to facilitate a building permit for a two-storey addition at rear of the detached dwelling. Recommendation For your information, and based solely on the application for minor variance 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 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 proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7, 8 & 9); 2. That prior to issuance of a building permit, the applicant shall obtain site plan approval for the proposed development, to the satisfaction of the City Development Department; 3. That prior to issuance of a building permit, Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed; 4. That prior to issuance of a building permit, Durham Health Department shall be satisfied that the proposed development can be adequately serviced; 5. That the applicant register the accessory dwelling unit with Building Services no later than June 14, 2026, or this decision shall become null and void; and 6. That a maximum of two dwelling units are permitted on the subject property, and where a maximum of two dwelling units exist on the subject lands, no commercial use shall be permitted. Background Minor Variance Decisions P/CA 02/10 & P/CA 36/12 On February 3, 2010 and July 4, 2012, the City of Pickering Committee of Adjustment approved Minor Variance Application P/CA 02/10 and P/CA 36/12, respectively, to recognize the existing detached dwelling as a principal use on a property zoned for commercial purposes and to permit an accessory dwelling unit in an existing accessory building with a 0.0 metre south side yard setback. The approval was subject to conditions, including that the applicant enter into an encroachment agreement with the abutting south property (4989 Brock Road), and that the applicant register the accessory dwelling unit with the Fire Service Division. -44- Report P/CA 30/23 June 14, 2023 Page 3 The applicant was unable to fulfill the condition with respect to entering an encroachment agreement with the abutting property to the south, for both applications, resulting in both decisions becoming null and void. Zoning By-law 7623/18 (A 14/16) & Site Plan S 05/18 On May 14, 2018, City Council approved Zoning By-law 7623/18 (A 14/16) to amend Zoning By-law 3037, to rezone the subject property to facilitate a residential building containing two separate dwelling units, also referred to as a duplex dwelling. Additionally, City Council endorsed the recommendations of Heritage Pickering Advisory Committee to include the subject property on the City of Pickering Municipal Heritage Register as a non-designated property of cultural heritage value or interest, under Section 27 of the Ontario Heritage Act. Final Site Plan Approval (File Number S 05/18) was granted on January 29, 2018 to facilitate the construction of an addition to the existing building to facilitate the creation of 2 dwelling units on the subject property. The existing accessory building (coach house) was proposed to be demolished as a part of the Site Plan Approval. As a part of the Site Plan Approval S 05/18, a Site Plan Control Agreement was registered on title. Changes to the approved Site Plan proposed through this variance application will require an amendment to the approved site plan and the registered Site Plan Control Agreement. Current Minor Variance Application P/CA 30/23 The current owner of the subject property has decided to not move forward with the previously approved site plan to facilitate a duplex dwelling on the subject property, and wishes to utilize the existing detached dwelling and existing accessory structure for separate dwelling units. As the existing detached dwelling has been vacant for over two years due to fire damage, the residential use of the building no longer has legal non-conforming status as outlined under Section 5.32 of Zoning By-law 3037. Additionally, the existing accessory structure has not been formally registered with the City as an accessory dwelling unit due to the previous Committee of Adjustment decisions becoming null and void. The submitted application is to bring the proposed residential uses into conformity with the Zoning By-law. Due to encroachment of the existing coach house on the adjacent lands, as outlined above, the City Solicitor advised the City Development that the owner is required to establish title for the portion of land that is subject to encroachment prior to submitting a minor variance application. On January 17, 2023, the applicant obtained ownership of the lands subject to encroachment through a vesting order from the Ontario Superior Court of Justice. Comment Conforms to the Intent of the Official Plan The subject property is designated “Oak Ridges Moraine Rural Hamlets” within Claremont. This designation permits a variety of uses including residential, employment, commercial, community, cultural and recreational uses. The requested variances to facilitate a detached dwelling, an accessory dwelling unit and an accessory structure, maintain the intent and purpose of the Official Plan. -45- Report P/CA 30/23 June 14, 2023 Page 4 Conforms to the Intent of the Zoning By-law The subject property is zoned “ORM-C2-2” - Oak Ridges Moraine - General Commercial - Exception 2 under Zoning By-law 3037, as amended by By-law 6640/06 and 7623/18. This zone permits a range of commercial uses and a residential duplex. Land Use Permissions Zoning By-law 7623/18 amended Zoning By-law 3037 to add a residential duplex as a permitted use on the subject property to facilitate a previous development proposal, which proposed two dwelling units within a single building. As a part of the approval, the permission of an accessory dwelling unit was removed from the original list of permitted uses in order to limit the maximum number of dwelling units on the lot to two. As the applicant is no longer pursuing the construction of a duplex dwelling, the applicant is requesting relief from the Zoning By-law to permit a dwelling unit within the existing detached dwelling and existing accessory structure (coach house). Duplex dwelling is defined in the Zoning By-law as the whole of a two-storey building divided vertically into two separate dwelling units, each of which has an independent entrance. By definition, the By-law permits two dwelling units on the subject lands, however they are to be contained within a single building. The applicant is proposing a maximum of two dwelling units on the subject property, with a single dwelling unit being located within the detached dwelling and a single accessory dwelling unit being located within the existing accessory building. Given a residential use is permitted on the subject lands through the permission of a duplex dwelling and that the applicant’s proposal does not exceed the maximum number of dwelling units contemplated through Zoning By-law 7623/18, Staff is of the opinion that the proposed variances to permit a detached dwelling and an accessory dwelling unit maintains the general intent and purpose of the Zoning By-law. Accessory Dwelling Unit within an Ancillary Structure The intent of the provision to permit a maximum of one accessory dwelling unit within a building or structure containing the principal use is to provide for traditional live-work arrangement in a rural commercial area and to ensure the residential use is accessory to the principal use. The proposed floor area of the accessory dwelling unit is less than the principal residential dwelling unit. Furthermore, the existing accessory building is located within the rear yard, approximately 18.8 metres from the front lot line. As such, staff are satisfied that the accessory dwelling unit within the ancillary building will remain accessory to the detached dwelling and is visually subordinate, when viewed from the public right of way. Minimum Lot Area for Accessory Dwelling Unit The intent of requiring a minimum lot area for lots containing an accessory dwelling unit is to ensure a property is adequately sized to accommodate vehicular parking, soft landscaping and amenity space for both a commercial use and an accessory dwelling unit. The total lot area of the subject property is 424.3 square metres. No commercial use is proposed and the subject lands can adequately accommodate the proposed detached dwelling and accessory dwelling unit, while providing required number of parking spaces and sufficient space for soft landscaping and private outdoor amenity. The lot area is of sufficient size to support the proposed residential use. -46- Report P/CA 30/23 June 14, 2023 Page 5 Maximum Lot Coverage The total lot coverage of all structures on the subject property is 37.3 percent (23.9 percent for the proposed detached dwelling, inclusive of the rear addition, 10.4 percent for the accessory structure (coach house), and 3.3 percent for the shed), whereas the By-law permits a maximum lot coverage of 33 percent. The intent of this provision is to ensure that an adequate amount of space is left uncovered by buildings on a lot, and to regulate the scale and size of a building. The proposed rear addition to the existing detached dwelling maintains a rear yard setback that exceeds the minimum required rear yard setback of 7.5 metres, which provides adequate rear yard amenity space for the proposed residential use. Furthermore, the detached dwelling will have a height of approximately 5.7 metres and the coach house has a height of approximately 4.2 metres. The proposed height of both structures are below the maximum permitted height of 9.0 metres and are consistent with the building height and massing of the adjacent properties. The requested variance represents a 4.3 percent increase in total lot coverage. This slight increase is not expected to significantly impact on the drainage of the lot, nor result in a built form that would be out of scale with the surrounding neighbourhood. Minimum Landscaped Open Space The intent of the provision to maintain a minimum landscaped open space of 50 percent, is to ensure adequate space for landscaping is provided on a commercial lot and to maintain the rural characteristic of the lot. The total landscaped open space available on the lot will be 36 percent. As no commercial use is proposed, the proposed landscape open space is sufficient to use as amenity space to accommodate the residential use and is not anticipated to negatively impact the rural characteristic of the lot. Rear Yard Setback Through the review of the proposal, it was determined by the City’s Zoning Section, that the accessory dwelling unit located within the accessory building (coach house) is considered a main permitted use. As a result, the minimum required rear yard setback of 7.5 metres is applied to the accessory building. The existing coach house is setback 0.6 of a metres from the rear lot line. The intent of minimum rear yard setback requirement is to ensure an adequate amount of usable amenity space is provided on a lot and to minimize the visual impact of main buildings on abutting properties. The coach house is adjacent to the rear yard of the abutting property to the east. The coach house is of a modest height (4.2 metres) and is screened by a privacy fence along the east property line and mature vegetation on the adjacent property. The coach house is located on the periphery of the proposed detached dwelling, ensuring a sufficient space for outdoor amenity is maintained between the principal building and the accessory building. -47- Report P/CA 30/23 June 14, 2023 Page 6 Accessory Structure Setback (Existing Shed) The intent of the provision that requires accessory structures greater than 10 square metres in area and greater than 1.8 metres in height to be setback 1.0 metre from all lot lines is to ensure that adequate space is available for drainage and maintenance, and to minimize the visual impact that the structure may have on adjacent properties. The applicant requests relief from the Zoning By-law to permit an existing shed with an area of 14.2 square metres and a maximum height of 3.0 metres to be located a minimum of 0.5 of a metre from the rear lot line and 0.6 of a metre from the north interior side lot line. As shown in Exhibit 9, the existing shed has a flat roof with an elevation that is slightly higher than the surrounding fence. An eavestrough downspout is installed to direct roof runoff onto the subject property. The existing shed is not expected to have a negative visual impact on the adjacent property to the north or east as it will be predominately screened by an existing privacy fence along the north and east property lines. The proposed setbacks of 0.5 metres and 0.6 metres will provide sufficient space for drainage and exterior maintenance. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will facilitate residential uses through a two-storey detached dwelling and accessory dwelling unit in an existing accessory building. Lands immediately to the east, west and south are occupied by one to two-storey detached dwellings and associated accessory buildings . The proposed detached dwelling, accessory dwelling unit and shed are consistent with the land use and built form of the surrounding properties. The applicant proposes to utilize an existing detached dwelling and accessory building (coach house) for residential uses, with one dwelling unit in each structure. Zoning By-law 7623/18 contemplated the use of the subject lands for 2 dwelling units through the permission a duplex dwelling use. Staff is satisfied that proposed development is in keeping with the intended use of the lands, and that comments from relevant city departments and external agencies can be resolved at the building permit stage. Given the subject property is privately serviced by well and septic systems, the application has been circulated to Durham Region Health Department to confirm that two dwelling units can be supported on the lot. Correspondence with the Durham Region Health Department confirms that the Region do not have an objection to the minor variance application, however more information is required at building permit to ensure the proposed private services can support two dwelling units. As a condition of approval, the applicant will be required to satisfy the comments of the Durham Health Department prior to any construction being undertaken. The requested variances to permit two residential units on the subject lands would not be appropriate as a part of a future commercial development on this lot. As such, staff recommend that a condition be added to limit the maximum number of dwelling units on the subject property to two, and to limit commercial uses on the subject lands where two residential units are present. In conclusion, the proposal represents an improvement to the condition of the subject lands and is considered minor in nature and desirable for the appropriate development of the land. -48- Report P/CA 30/23 June 14, 2023 Page 7 Input From Other Sources Applicant • Looking to preserve existing buildings. Buildings are existing and predates zoning. Engineering Services • Ensure increased lot coverage (if approved with this application) does not adversely affect the drainage patterns within the lots and surrounding area. • Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens, permeable pavers, and 450mm topsoil) will be required at the Building Permit stage. Building Services • For the rear yard addition, no concerns. Apply and obtain a Building Permit. • For the coach house a building permit will be required for the current use. The ADU would require registration as per the ADU by-law. • Confirmation from Durham Region that the septic system is able to support proposed construction as the proposed construction may create a failure and a health hazard to the occupants of the building. Durham Health Department • The above noted application has been reviewed by this department and we have no objection to the Minor Variance. Please note that the existing holding tank is not sufficiently sized to support the additional sewage flow from the accessory dwelling unit. • At the building permit stage, the Health Department will require a replacement of the existing private sewage system (holding tank) so it meets the capacity requirements of the current Ontario Building Code. A building permit for the sewage system must be obtained from the Health Department prior to any work being completed. Public Input • No written submissions were received from the public as of the date of writing this report. -49- Report P/CA 30/23 June 14, 2023 Page 8 Date of report: June 9, 2023 Comments prepared by: Ziya Cao Cody Morrison Planner I Principal Planner, Development Review ZC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 30-23\7. Report\PCA 30-23 Report.docx Attachments -50- Wi x s o n S t r e e t B r o c k R o a d Do w S t r e e t Central Street Henry Street David Street Wellington Street Joseph Street Vi c t o r i a S t r e e t Claremont Memorial Park Location MapFile:Applicant:Municipal Address: P/CA 30/23 Date: May. 16, 2023 Exhibit 1 ¯ E L. Lakovleva 4993 Brock Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 30-23\PCA30-23_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: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural 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 -51- Exhibit 2 Submitted Site Plan File No: P/CA 30/23 Applicant: L. Iakovleva Municipal Address: 4993 Brock Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: May 30, 2023 to permit a detached dwelling or a duplex dwelling to be permitted on lands zoned “ORM C2-2” to permit a rear yard setback of 0.6 of a metre to the existing accessory dwelling unit to permit a maximum of one accessory dwelling unit to be located within an ancillary structure to permit a rear yard setback of 0.5 of a metre to the rear lot line and 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 1.8 metres in height to permit an accessory dwelling unit on lands zoned “ORM-C2-2” to permit a minimum lot area of 424 square metres for an accessory dwelling unit to permit a maximum lot coverage of 38 percent to permit a minimum landscape space of 36 percent to permit a rear yard setback of 0.5 of a metre to the rear lot line and 0.6 of a metre to the north interior side yard for an accessory structure (existing shed) that is greater than 10 square metres in area Brock Road -52- Ex h i b i t 3 Su b m i t t e d We s t El e v a t i o n ( D e t a c h e d D w e l l i n g ) Fi l e N o : P/ C A 30 /2 3 Ap p l i c a n t : L. I a k o v l e v a Mu n i c i p a l A d d r e s s : 49 9 3 B r 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 DE P A R T M E N T . Da t e : Ma y 30 , 2 0 2 3 -53- Ex h i b i t 4 Su b m i t t e d So u t h El e v a t i o n ( D e t a c h e d D w e l l i n g ) Fi l e N o : P/ C A 30 /2 3 Ap p l i c a n t : L. I a k o v l e v a Mu n i c i p a l A d d r e s s : 49 9 3 B r 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 DE P A R T M E N T . Da t e : Ma y 30 , 2 0 2 3 -54- Ex h i b i t 5 Su b m i t t e d No r t h El e v a t i o n ( D e t a c h e d D w e l l i n g ) Fi l e N o : P/ C A 30 /2 3 Ap p l i c a n t : L. I a k o v l e v a Mu n i c i p a l A d d r e s s : 49 9 3 B r 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 DE P A R T M E N T . Da t e : Ma y 30 , 2 0 2 3 -55- Ex h i b i t 6 Su b m i t t e d Ea s t El e v a t i o n ( D e t a c h e d D w e l l i n g ) Fi l e N o : P/ C A 30 /2 3 Ap p l i c a n t : L. I a k o v l e v a Mu n i c i p a l A d d r e s s : 49 9 3 B r 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 DE P A R T M E N T . Da t e : Ma y 30 , 2 0 2 3 -56- Exhibit 7 Submitted East/West Elevations (Accessory Dwelling Unit) File No: P/CA 30/23 Applicant: L. Iakovleva Municipal Address: 4993 Brock Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: May 30, 2023 West Elevation East Elevation -57- Exhibit 8 Submitted North/South Elevations (Accessory Dwelling Unit) File No: P/CA 30/23 Applicant: L. Iakovleva Municipal Address: 4993 Brock Road FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: May 30, 2023 South Elevation North Elevation -58- Ex h i b i t 9 Ph o t o o f E x i s t i n g S h e d Fi l e N o : P/ C A 30 /2 3 Ap p l i c a n t : L. I a k o v l e v a Mu n i c i p a l A d d r e s s : 49 9 3 B r 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 : Ju n e 8, 20 2 3 -59- Report to Committee of Adjustment Application Number: P/CA 31/23 Date: June 14, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 31/23 J. & D. Arenson 131 White Pine Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4271/93 to permit an uncovered platform (deck) with steps not exceeding 1.6 metres in height above grade and not projecting more than 4.0 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. The applicant requests approval of this minor variance application in order to obtain a building permit to construct an uncovered deck with steps. 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 uncovered platform (deck) with steps, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). Background In 1993 the Committee of Adjustment approved Minor Variance Application P/CA 91/93 to permit a minimum rear yard depth of 6.1 metres for the construction of an uncovered deck with steps at the rear of 131 White Pine Crescent. The deck was constructed in 1994 in accordance with the approved variance. In 2023, the applicant has indicated that the deck is deteriorating and is in an unsafe condition. The applicant is seeking to extend the replacement deck with steps into the permitted rear yard. -60- Report P/CA 31/23 June 14, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Highbush Neighbourhood. Residential uses such as semi-detached dwellings and accessory uses are permitted within this designation. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Official Plan. Conforms to the Intent of the Zoning By-law The subject property is zoned “SD-A” by Zoning By-law 3036, as amended by Zoning By-law 4271/93. The intent of limiting the projection of platforms and steps into the rear yard is to ensure adequate amenity space is maintained in the rear yard. The existing deck with steps projects approximately 1.4 metres into the rear yard. The applicant has proposed a new uncovered deck with steps projecting 4.0 metres into the rear yard, with a setback of 3.64 metres from the rear property line. The requested variance is intended to facilitate the construction of a deck that will contribute to the total amount of usable amenity space within the rear yard. The lands immediately to the west, abutting the rear property line, are owned by Parks Canada and are within the Rouge National Urban Park. Staff is of the opinion that the requested variance maintains the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance will facilitate the construction of a deck, which will contribute towards the total usable amenity space of semi-detached dwelling. The proposed deck is larger than the previous deck which existed without any adverse impacts since its construction in 1994. Staff is of the opinion that the requested variance is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant • Existing deck age is unsafe and requires a 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. -61- Report P/CA 31/23 June 14, 2023 Page 3 Date of report: June 7, 2023 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)\2023\PCA 31-23\7. Report\PCA 31-23 Report.docx Attachments -62- Thicket Crescent Wh i t e P i n e C r e s c e n t Valley RidgeOpen Space Location MapFile:Applicant:Municipal Address: P/CA 31/23 Date: May. 23, 2023 Exhibit 1 ¯ E J. & D. Arenson131 White Pine Crescent SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 31-23\PCA31-23_LocationMap.mxd 1:1,500 SCALE:THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © King's Printer, Ontario Ministry of Natural Resources. All rights reserved.; © His Majesty the King in Right of Canada, Department ofNatural Resources. All rights reserved.; © Teranet Enterprises Inc. and its suppliers. All rights reserved.; © Municipal PropertyAssessment Corporation and its suppliers. All rights reserved. City DevelopmentDepartment -63- Exhibit 2 Submitted Site Plan File No: P/CA 31/23 Applicant: J. & D. Anderson Municipal Address: 131 White Pine Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 131 White Pine Crescent to permit uncovered platform with steps (deck) not exceeding 1.6 metres in height above grade and not projecting more than 4.0 metres into the required rear yard White Pine Crescent property boundary -64- Exhibit 3 Submitted Floor Plan File No: P/CA 31/23 Applicant: J. & D. Anderson Municipal Address: 131 White Pine Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 -65- Exhibit 4 Submitted West Elevation File No: P/CA 31/23 Applicant: J. & D. Anderson Municipal Address: 131 White Pine Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: May 31, 2023 -66-