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HomeMy WebLinkAboutAugust 9, 2023 Committee of Adjustment Agenda Hearing Number: 8 Date: Wednesday, August 9, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, August 9, 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.Disclosure of Interest 2.Adoption of Agenda 3.Adoption of Minutes from July 12, 2023 hearing 1-4 4. Reports 4.1 (Deferred at the July 12, 2023 Hearing) 5-13 P/CA 32/23 – 730 Kingfisher Drive 4.2 P/CA 34/23 – 326 Dyson Road 14-26 4.3 P/CA 35/23 – 679 Front Road 27-40 4.4 P/CA 36/23 – 963 Mountcastle Crescent 41-45 4.5 P/CA 37/23 – 954 Dillingham Road 46-51 5. Adjournment Committee of Adjustment Hearing Minutes Wednesday, July 12, 2023 7:00 pm Electronic Hearing Page 1 of 4 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.Disclosure of Interest No disclosures of interest were noted. 2.Adoption of Minutes Due to his absence at the June 14, 2023 hearing, Sean Wiley, Chair, will abstain from voting on this item. Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the minutes of the 6th hearing of the Committee of Adjustment held Wednesday, June 14, 2023 be adopted. Carried Unanimously 3.Adoption of Agenda Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the agenda for the Wednesday, July 12, 2023 hearing be adopted. Carried Unanimously -1- Committee of Adjustment Hearing Minutes Wednesday, July 12, 2023 7:00 pm Electronic Hearing Page 2 of 4 4. Reports 4.1 P/CA 32/23 J. & T. O’Leary 730 Kingfisher Drive The applicant requests relief from Zoning By-law 2520, as amended, to permit: • a minimum setback of 2.9 metres on the flankage yard where a main building is erected on a corner lot, whereas the by-law requires a minimum setback of 4.5 metres on the flankage yard where a main building is erected on a corner lot; • a minimum front yard setback of 4.9 metres, whereas the by-law requires a minimum front yard setback of 7.5 metres; • a maximum lot coverage of 36 percent, whereas the by-law permits a maximum lot coverage of 33 percent; • an existing shed to be located 0.2 of a metre from the rear lot line, whereas the by-law requires accessory structures to be setback a minimum of 0.6 of a metres from all lot lines; and • an existing shed to be located 0.2 of a metre from the rear lot line on a corner lot, whereas the by-law requires a minimum setback of 3.0 metres from the rear lot line for detached garage or other accessory buildings on a corner lot. The applicant requests approval of this minor variance application in order to obtain a future building permit for the construction of a two-storey addition at the front of the existing detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. City Development staff recommend that Application P/CA 32/33 be deferred to the August 9, 2023 Committee of Adjustment hearing for Bell Canada to provide comments regarding location of the existing shed located on an easement in favour of Bell Canada. Moved by Denise with an amendment to defer the application sine die. Seconded by Rick Van Andel That application P/CA 32/23 by J. & T. O’Leary, be Deferred sine die. Carried Unanimously -2- Committee of Adjustment Hearing Minutes Wednesday, July 12, 2023 7:00 pm Electronic Hearing Page 3 of 4 4.2 P/CA 33/23 Z. Dahdouh & A. Jackson Wyatt 530 Rosebank Road The applicant requests relief from Zoning By-law 2511, as amended by By-law 7610/18, to permit a minimum width of the side yard facing the street upon which the lot flanks shall be 3.5 metres, whereas the By-law requires a minimum width of the side yard facing the street upon which the lot flanks shall be 4.5 metres. The applicant requests approval of this variance in order to obtain a building permit for the construction of an enclosed porch in the flankage yard. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. In support of the application, the applicant identified the proposal for the porch enclosure and steps encroaching the side yard could be met initiating the requirement to have relief from the Zoning By-law. Malav Shah, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent stated he has read the report and is in agreement with the recommendation. After noting this proposal is for an existing uncovered porch, receiving no written comments from the public, Engineering or Building Services, reading the staff report, making a site inspection, Denise Rundle finds this application meets the four tests of the Planning Act and moved the following motion: Moved by Denise Rundle Seconded by Rick Van Andel That application P/CA 33/23 by Z. Dahdouh & A. Jackson Wyatt, 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 proposed enclosed porch, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3 contained in the staff report to the Committee of Adjustment, dated July 12, 2023). Carried Unanimously -3- Committee of Adjustment Hearing Minutes Wednesday, July 12, 2023 7:00 pm Electronic Hearing Page 4 of 4 5. Adjournment Moved by Rick Van Andel Seconded by Sakshi Sood Joshi That the 7th hearing of the 2023 Committee of Adjustment be adjourned at 7:09 pm. Carried Unanimously __________________________ Date __________________________ Chair __________________________ Assistant Secretary-Treasurer Please note the Committee of Adjustment Hearings are available for viewing on the City of Pickering YouTube channel https://www.youtube.com/user/SustainablePickering -4- Report to Committee of Adjustment Application Number: P/CA 32/23 Date: August 9, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: (Deferred at the July 12, 2023 Hearing) Committee of Adjustment Application P/CA 32/23 J. & T. O’Leary 730 Kingfisher Drive Application The applicant requests relief from Zoning By-law 2520, as amended, to permit: • a minimum setback of 2.9 metres on the flankage yard where a main building is erected on a corner lot, whereas the By-law requires a minimum setback of 4.5 metres on the flankage yard where a main building is erected on a corner lot; • a minimum front yard setback of 4.9 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres; • a maximum lot coverage of 36 percent, whereas the By-law permits a maximum lot coverage of 33 percent; • an existing shed to be located 0.2 of a metre from the rear lot line, whereas the By-law requires accessory structures to be setback a minimum of 0.6 of a metres from all lot lines; and • an existing shed to be located 0.2 of a metre from the rear lot line on a corner lot, whereas the By-law requires a minimum setback of 3.0 metres from the rear lot line for detached garage or other accessory buildings on a corner lot. The applicant requests approval of this minor variance application in order to obtain a future building permit to permit the construction of a two-storey addition at the front of the existing 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 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 proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). -5- Report P/CA 32/23 August 9, 2023 Page 2 Background July 12, 2023 Committee of Adjustment Hearing The Committee of Adjustment deferred this application at the July 12, 2023 Hearing to allow Bell Canada to provide comments respecting the location of the existing shed on an easement in its favour. The applicant has since received consent from Bell Canada to encroach onto the easement. The existing shed will not need to be relocated. Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential – Low Density Area” within the Bay Ridges Neighbourhood. Residential uses such as detached dwellings and associated accessory uses are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “RM1” – Multiple Family Dwelling First Density Zone under Zoning By-law 2520, as amended. Flankage Yard Variance The proposed addition will allow a minimum of 2.9 metres on the north flankage yard, whereas the By-law requires a minimum setback of 4.5 metres on the flankage yard where a main building is erected on a corner lot. The intent of this provision is to provide adequate separation distance between buildings and street activity in the flankage side yard and to provide an adequate landscaped area. The proposed addition will replace the existing carport with a garage on the ground level and a loft on the second level. The proposed addition will be flush with the existing stairs on the flankage yard, as such staff is satisfied that appropriate separation distance can be maintained and adequate landscaped area can be provided. Front Yard Variance The intent of the front yard setback provision is to provide an adequate separation distance between the building and the street activity in the front yard, and to maintain a consistent lotting pattern with abutting properties to mitigate views and privacy concerns. The applicant is requesting a minimum front yard setback of 4.9 metres, whereas the By-law requires a minimum front yard setback of 7.5 metres. As the proposed addition will replace the existing carport, a larger building footprint is proposed to accommodate the size of a garage and to provide access from the driveway on the south side of the lot. The enlarged building footprint of the proposed addition will have a similar setback as the front porch and steps of the abutting property to the south, as such staff is satisfied that appropriate separation distance to the street can be maintained. Additionally, the addition is proposed on the north side of the property, which allows adequate separation from the south abutting property to mitigate views and privacy concerns. -6- Report P/CA 32/23 August 9, 2023 Page 3 Lot Coverage Variance The intent of this provision is to maintain an appropriate amount of yard space for amenity area uncovered by buildings on a lot and to regulate the scale and size of the building. The applicant is requesting for a maximum lot coverage of 36 percent, whereas the By-law permits a maximum lot coverage of 33 percent. As previously mentioned the proposed addition will maintain similar setbacks to the abutting property to the south on the front yard and to the existing stairs on the flankage yard. The slight increase in to coverage is not expected to have significant impact on the existing drainage patterns on the lot. Accessory Structure Setback Variances The existing shed is setback 0.2 of a metre from the rear lot line. The Zoning By-law requires accessory structures to have a minimum setback of 0.6 of a metre from all lot line as well as a minimum rear yard setback of 3.0 metres on corner lots. The intent of these provisions is to provide adequate space for drainage and maintenance, and to minimize the visual impact that the structure may have on adjacent properties. The subject property is abutting a hydro corridor to the rear of the property, as such the reduced rear yard setback to the existing shed is not expected to have significant impact on the existing drainage patterns on the lot and is not expected to have significant visual impacts on the abutting properties. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will permit the construction of a garage addition to the existing dwelling on the subject property. The proposed garage addition will replace the existing car port to allow for additional living and storage space. The proposal fits within the built form of the neighbourhood, and the requested variances are not expected to generate significant negative impacts to the surrounding properties. Staff is of the opinion that the requested variances are desirable for the appropriate development of land and is minor in nature. Input From Other Sources Applicant • The proposed addition cannot be achieved with the existing structure, without encroaching on the required setbacks. Engineering Services • We have no comments, however it should be noted that the existing shed at 0.2m from the rear lot line is located within a Bell easement. Building Services • No concerns from Building Services, apply and obtain building permit prior construction. Public Input • No written submissions were received from the public as of the date of writing this report. -7- Report P/CA 32/23 August 9, 2023 Page 4 Date of report: August 2, 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 32-23\7. Report\PCA 32-23 Report.docx Attachments -8- Balaton A v e n u e Colm a r A v e n u e M o d l i n R o a d B e m A v e n u e Foxg l o v e A v e n u e An n l a n d S t r e e t Zator A v e n u e Krosno Boulev a r d Brixton Lane Fan s h a w P l a c e Sh e a r e r L a n e A l d e r w o o d P l a c e Broadv i e w S t r e e t Com m e r c e S t r e e t Miriam R o a d He l e n C r e s c e n t Parkh a m C r e s c e n t Hew s o n D r i v e Cort e z A v e n u e Ki n g f i s h e r D r i v e Balsdon Park Biidaasig eMandam inPublic Sch ool Location MapFile:Applicant:Municipal Address: P/CA 32/23 Date: Jun. 09, 2023 Exhibit 1 ¯ E J. & T . O’Leary 730 King fish er Driv e SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 32-23\PCA21-23_LocationMap.m xd 1:3,000 SCALE:T HIS 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 Dev elopm entDepartm ent -9- Exhibit 2 Submitted Site Plan File No: P/CA 32/23 Applicant: J. & T. O’Leary Municipal Address: 730 Kingfisher Drive FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: June 20, 2023 to permit a maximum lot coverage of 36 percent to permit a minimum setback of 2.9 metres on the flankage yard where a main building is erected on a corner lot to permit a minimum front yard setback of 4.9 metres to permit an existing shed to be located 0.2 of a metre from the rear lot line to permit an existing shed to be located 0.2 of a metre from the rear lot line on a corner lot -10- Ex h i b i t 3 Su b m i t t e d Ea s t E l e v a t i o n Fi l e N o : P/ C A 32 /2 3 Ap p l i c a n t : J. & T . O ’ L e a r y Mu n i c i p a l A d d r e s s : 73 0 K i n g f i s h e r 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 : Ju n e 2 0 , 2 0 2 3 -11- 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 32 /2 3 Ap p l i c a n t : J. & T . O ’ L e a r y Mu n i c i p a l A d d r e s s : 73 0 K i n g f i s h e r 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 : Ju n e 2 0 , 2 0 2 3 -12- Ex h i b i t 5 Su b m i t t e d So u th El e v a t i o n Fi l e N o : P/ C A 32 /2 3 Ap p l i c a n t : J. & T . O ’ L e a r y Mu n i c i p a l A d d r e s s : 73 0 K i n g f i s h e r 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 : Ju n e 2 0 , 2 0 2 3 -13- Report to Committee of Adjustment Application Number: P/CA 34/23 Date: August 9, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 34/23 B. & Y. Javaid 326 Dyson Road Application The applicant requests relief from Zoning By-law 2511, as amended, to permit a minimum (north and south) side yard setback of 1.2 metres, where a garage is erected as part of a detached dwelling, whereas the By-law permits where a garage is erected as part of a detached dwelling, the minimum required side yard shall be 1.5 metres. The applicant requests approval of this minor variance application in order to obtain a building permit to construct 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. Staff are of the opinion that the requested variance to permit an 1.2 metre north side yard meets the four tests, and therefore recommends Approval of the proposed variance. However, staff are of the opinion that the requested variance to permit a minimum south side yard of 1.2 metres does not meet the four tests, and therefore recommends Refusal of the requested variance to permit a minimum south side yard 1.2 of a metre setback. After considering all public and agency input, should the Committee find merit in this application or any of the requested variances, the following conditions are recommended: 1. That this variance applies only to the subject property, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7). 2. That the applicant revise the submitted plans to reflect a minimum south side yard setback of 1.5 metres. -14- Report P/CA 34/23 August 9, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Area - Low Density Areas” within the Rosebank Neighbourhood. Residential uses, such as detached dwellings and accessory dwelling units are permitted within this designation. Rosebank Established Neighbourhood Precinct On September 27, 2021, City Council enacted By-law 7872/21 (the Infill By-law) to amend Zoning By-law 2511, 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. On January 24, 2022, City Council adopted By-law 7900/22, 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 Infill By-laws established a set of zoning provisions to help maintain the existing character of the surrounding neighbourhood. However, please note that due to the ongoing appeals, the Infill By-laws are not currently in force. Variances have not been requested against Infill By-laws 7872/21 & By-law 7900/22. However, the Council-adopted Established Neighbourhood Precincts Urban Design Checklist has been completed by the applicant (refer to Appendix A). Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Detached Residential, Fourth Density, under Zoning By-law 2511, as amended. The intent of the required minimum side yard setback of 1.5 metres is to provide an appropriate separation between structures on abutting properties, to maintain pedestrian access, and to accommodate grading, drainage and residential services. Minimum North Side Yard The requested variance to reduce the minimum side yard setback from 1.5 metres to 1.2 metres is to facilitate the construction of a detached dwelling. The properties immediately to the north and south contain detached dwellings that have a minimum side yard setback of 1.5 metres or greater from the shared property line. Within the north side yard, the applicant has proposed two window wells, encroaching 0.6 of a metre into the proposed 1.2 metre setback, which obstructs access between the front and rear yards. Furthermore, there is an existing hedge straddling the north property line, which the applicant intends to maintain for privacy. The proposed north side yard setback of 1.2 metres is not suitable to maintain appropriate pedestrian access and residential services, given the projection of the proposed window wells. However, staff will support a minimum north side yard of 1.2 metres as it will ensure appropriate building separation and privacy screening. -15- Report P/CA 34/23 August 9, 2023 Page 3 Minimum South Side Yard Along the south side of the dwelling, the applicant has proposed a minimum side yard setback of 1.2 metres. The requirement of a minimum side yard of 1.5 metres is to ensure appropriate building separation, pedestrian access and residential services. As such, a minimum setback of 1.5 metres will provide adequate separation to accommodate exterior maintenance, grading, drainage and other residential services. Given the reduction of the north side yard setback proposed, together with the proposed window well encroachment within the same yard, staff are of the opinion that a minimum south yard setback of 1.5 metres is required in order to provide adequate access to the rear yard of the lot. If the applicant revised their plans to indicate a south side yard setback of 1.5 metres, sufficient space would be provided to accommodate residential services, grading and drainage on the subject lands. Staff is of the opinion that the proposed north side yard setback of 1.2 metres maintains the general intent and purpose of the Zoning By-law. However, Staff is of the opinion that the proposed south side yard setback of 1.2 metres does not maintain the general intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature Prior to submitting a Building Permit to the City’s Building Services Department, the applicant has worked with TRCA to establish the developable limits of the subject property. Given the existing lot configuration and the existing natural heritage features located within the rear of the property, the proposed dwelling has been sited in an appropriate location. Overall, the requested side yard setback variances will facilitate the construction of a two-storey detached dwelling, and will provide consistency with the neighbouring lots and the general character of the neighbourhood. The requested reduction in the side yards are consistent with existing dwellings along Dyson Road. Staff is of the opinion that the proposed north side yard setback variance is desirable for the appropriate development of the land and is minor in nature. However, given the reduction of the north side yard setback proposed, the requested variance to permit a reduced south side yard setback is not desirable for the appropriate development of the land. Input From Other Sources Applicant •To achieve an effective house frontage a minor variance is requested. Engineering Services •Ensure the reduced side yards setback does not adversely affect the existing drainage patterns within the lot and surrounding area. Building Services •No concerns. Building Permit application has been received. -16- Report P/CA 34/23 August 9, 2023 Page 4 Toronto Regional Conservation Authorities • TRCA staff reviewed the requested variances and they have no impact on TRCA’s policies and programs. As such, TRCA has no objections to the approval of Minor Variance Application No. P/CA 34/23. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: August 3, 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 34-23\7. Report Attachments -17- 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) The proposed dwelling has a flat roof. X 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) 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) X 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) The proposed dwelling is approximately 21 metres deep. -18- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) The adjacent lots are setback beyond the 1.5 metre requirement. 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) The garage is flushed with the front wall 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) -19- RoddAvenue Bella Vista Dri ve DysonRoad Ro s e b a n k R o a d Rosebank South Park Location MapFile:Applicant:Municipal Address: P/CA 34/23 Date: Jul. 05, 2023 Exhibit 1 ¯ E B. & Y. Javaid 326 Dyson Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 35-23\PCA35-23_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 -20- Ex h i b i t 2 Su b m i t t e d En t i r e Si t e Pl a n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 : Ju l y 2 4 , 2 0 2 3 Dyson Road Rouge National Urban Park -21- Ex h i b i t 3 Su b m i t t e d Cr o p p e d Si t e Pl a n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 : Ju l y 2 4 , 2 0 2 3 Dyson Road to p e r m i t m i n i m u m ( n o r t h a n d so u t h ) s i d e y a r d s e t b a c k s of 1. 2 me t r e s , w h e r e a g a r a g e i s er e c t e d a s p a r t o f a d e t a c h e d dw e l l i n g Pro p o s e d tw o -s to r e y d w el l i n g -22- Ex h i b i t 4 Su b m i t t e d Ea s t ( F r o n t ) E l e v a t i o n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 th i s P l a n . Da t e : Ju l y 2 4 , 2 0 2 3 -23- Ex h i b i t 5 Su b m i t t e d So u t h (Si d e ) E l e v a t i o n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 th i s P l a n . Da t e : Ju l y 2 4 , 2 0 2 3 -24- Ex h i b i t 6 Su b m i t t e d We s t (Re a r ) E l e v a t i o n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 Pl a n . Da t e : Ju l y 2 4 , 2 0 2 3 -25- Ex h i b i t 7 Su b m i t t e d No r t h ( Si d e ) E l e v a t i o n Fi l e N o : P/ C A 34 / 2 3 Ap p l i c a n t : B. & Y . J a v a i d Mu n i c i p a l A d d r e s s : 32 6 D y s o n R o a d 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 th i s P l a n . Da t e : J u l y 2 4 , 2 0 2 3 -26- Report to Committee of Adjustment Application Number: P/CA 35/23 Date: August 9, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 35/23 A. Bronkhorst & S. Smith 679 Front Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21, and 7900/22, to permit: • a minimum lot frontage of 7.6 metres, whereas the By-law requires the minimum lot frontage for a R4 zone to be 15.0 metres; • a minimum lot area of 343 square metres, whereas the By-law requires the minimum lot area for a R4 zone to be 460 square metres; • minimum side yard setback of 0.9 of a metre on the south side and 1.0 metre on the north side, whereas the By-law requires the minimum side yard setback to be 1.5 metres on one side, 2.4 metres on the other side; The applicant requests approval of this minor variance application in order to recognize the existing lot frontage and lot area and to obtain a future building permit for the construction of a three-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 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 proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6, 7 & 8); 2. That prior to issuance of a building permit, Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed. -27- Report P/CA 35/23 August 9, 2023 Page 2 Background Infill & Replacement Housing By-laws On September 27, 2021, City Council enacted the Infill and Replacement Housing in Established Neighbourhoods By-law 7874/21 (Infill By-law) to amend Zoning By-law 2511, 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. 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 property is subject to By-laws 7872/21, 7873/21, 7900/22 (Infill By-laws). However, due to the ongoing appeals, the Infill By-laws are not currently in force. The applicant has identified the requested variances and has decided not to request variances to the Infill By-laws. The applicant acknowledges that not requesting variances to the Infill By-laws at this time may result in non-compliance with the By-laws in the future, and refusal of building permit and/or the requirement for further variance applications. Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Low Density Areas” within the Bay Ridges Neighbourhood. Residential uses such as detached dwellings are permitted within this designation. Staff have reviewed and made comment on the proposed dwellings 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 The subject property is zoned “R4” under Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, 7873/21, and 7900/22. Detached dwelling is a permitted use within the R4 zone. Lot Frontage and Lot Coverage Variances The applicant seeks to recognize a minimum lot frontage of 7.6 metres and a minimum lot area of 343 square metres, whereas the By-law requires a minimum lot frontage of 15.0 metres and a minimum lot area of 460 square metres. The intent of the minimum lot frontage and lot area provisions is to ensure a useable lot size that is compatible with the neighbourhood. -28- Report P/CA 35/23 August 9, 2023 Page 3 The current lot has existed prior to the adoption of the current Zoning By-laws. The applicant is seeking to recognize the existing lot to facilitate the proposed three-storey detached dwelling. The applicant has proposed a building design that meets the relevant zoning requirements with the exception of the side yard setbacks. Side Yard Setback Variance The applicant has requested relief from the Zoning By-law for a minimum interior side yard setback of 0.9 of a metre on the south side and 1.0 metre on the north side, whereas the By-law requires a minimum side yard setback of 1.5 metres on one side, and 2.4 metres on the other side. The proposed side yard setback on the north side is more generous than the current setback provided for the existing dwelling of 0.0 metres. The proposed side yard setback on the south side is slightly less than the existing setback of 1.2 metres. It is noted that in the submitted site plan, the south interior side yard setback to the rear of the building and supporting structure appears to range between 0.7 of a metre and 0.8 of a metre. Engineering Services has commented that minimum setback of 0.9 of a metre is required to construct a drainage swale that complies to the City of Pickering engineering criteria. The applicant has requested 0.9 of a metre for the south side yard setback. Staff supports a minimum side yard setback to the south lot line to be 0.9 of a metres to comply with the City of Pickering engineering criteria. Staff would not be supportive of a setback less than 0.9 of a metre. It is expected that the applicant will revise their drawing at the building permit stage to demonstrate a setback of 0.9 of a metre, should this variance be approved. Desirable for the Appropriate Development of the Land and Minor in Nature Due to the small lot size of the subject property, the applicant has proposed a unique dwelling design where two-storeys of living space will be cantilevered over the ground level at the front and rear of the lot. The proposal is for a three-storey dwelling containing two bedrooms, with a maximum height of 9.0 metres without the consideration of grading. The applicant has not requested a variance to the maximum height provision of 9.0 metres, notwithstanding that building height is calculated with the consideration of grading at building permit. The scale of the development is in keeping with the surrounding dwellings, and the proposal is not expected to have negative impact on the drainage patterns of the surrounding area, as a small building footprint is proposed at the ground level. Staff is of the opinion that the requested variances are desirable for the appropriate development of the land and are minor in nature. Input From Other Sources Applicant • Due to the size of the lot, the required setbacks would create an insufficient width for a house. -29- Report P/CA 35/23 August 9, 2023 Page 4 Engineering Services • To construct a swale that complies with the City of Pickering Engineering Criteria, City requires a minimum setback of 0.9m.This is to be shown with the future building permit applications. • Ensure the reduced side yard setback does not adversely affect the drainage patterns within the lot and surrounding area. Multiple Low Impact Development measures (such as infiltration galleries with downspout connections, rain gardens and 450mm topsoil) will be required at the Building Permit stage. Building Services • No concerns from Building Services. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: August 3, 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 32-23\7. Report\PCA 32-23 Report.docx Attachments -30- 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) The proposed dwelling has a flat roof similar to the abutting property to the north. X 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) 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) Main entrance from the south interior side yard. 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) No stairs are proposed to the main entrance. 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) Main entrance from the south interior side yard X 7. Does the proposed dwelling have a similar Dwelling Depth to the adjacent dwellings along the street? (see Section 2.3: Guideline 2) Longer dwelling depth required to the reduced lot area. -31- Appendix A Urban Design Checklist Cont’d Urban City of Pickering Established A 2 Yes No Comments X 8. Does the proposed dwelling have a similar Side Yard Setback to the adjacent dwellings along the street? (see Figure 15) 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) No garage. X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) Unclear at this stage. -32- Annland Street F r o n t R o a d Commerce Street Ilona Park Road Pl e a s a n t S t r e e t Wharf Street ProgressFrenchman'sBay East Park Location MapFile:Applicant:Municipal Address: P/CA 35/23 Date: Jul. 12, 2023 Exhibit 1 ¯ A. Bronkhorst & S. Smith679 Front Road L:\PLANNING\01-MapFiles\PCA\2023\PCA 35-23\PCA35-23_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 DevelopmentDepartment E SubjectLands -33- Ex h i b i t 2 Su b m i t t e d Re v i s e d Si t e Pl a n Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 l y 2 8, 2 0 2 3 to p e r m i t a m i n i m u m lo t f r o n t a g e o f 7. 6 me t r e s to p e r m i t a m i n i m u m l o t ar e a o f 3 4 3 sq u a r e m e t r e s to p e r m i t m i n i m u m s i d e y a r d s e t b a c k of 0 . 9 o f a me t r e o n t h e s o u t h s i d e an d 1 . 0 m e t r e o n t h e n o r t h s i d e -34- Ex h i b i t 3 Su b m i t t e d No r t h E l e v a t i o n s Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 l y 2 0 , 2 0 2 3 -35- 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 s Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 l y 2 0 , 2 0 2 3 -36- Ex h i b i t 5 Su b m i t t e d We s t a n d E a s t El e v a t i o n s Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 : Ju l y 2 0 , 2 0 2 3 -37- Ex h i b i t 6 Su b m i t t e d Gr o u n d F l o o r Pl a n Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 : Ju l y 2 8, 2 0 2 3 -38- Ex h i b i t 7 Su b m i t t e d Se c o n d Fl o o r Pl a n Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 : Ju l y 2 8, 2 0 2 3 -39- Ex h i b i t 8 Su b m i t t e d Th i r d Fl o o r Pl a n Fi l e N o : P/ C A 35 /2 3 Ap p l i c a n t : A. B r o n k h o r s t & S . Sm i t h Mu n i c i p a l A d d r e s s : 67 9 F r o n t 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 : Ju l y 2 8, 2 0 2 3 -40- Report to Committee of Adjustment Application Number: P/CA 36/23 Date: August 9, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 36/23 M. MacPhaden 963 Mountcastle Crescent Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 1998/85 to permit an uncovered platform with steps not exceeding 1.4 metres in height above grade and not projecting more than 2.3 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 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). Background City staff are unable to identify a corresponding building permit for the existing deck. The applicant has indicated that the existing deck is deteriorating. Consequently, the applicant has applied for a Building Permit for the construction of a new uncovered deck with steps. -41- Report P/CA 36/23 August 9, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Low Density Areas” within the Liverpool Neighbourhood. Residential uses such as detached dwellings and associated 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 “S-SD” by Zoning By-law 3036, as amended by Zoning By-law 1998/85. The intent of limiting the projection of platforms and steps into the rear yard is to ensure an adequate amount of amenity space is maintained within 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 2.3 metres into the rear yard, with a setback of 5.2 metres from the rear property line, and a height of 1.4 metres above grade. 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. Furthermore, the deck allows for access from the dwelling to the rear yard. 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 detached dwelling. The proposed deck is similar in size to the previous deck, which existed without any adverse impacts. 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. Engineering Services • No comments. Building Services • No concerns. A Building Permit application has been received. Public Input • No written submissions were received from the public as of the date of writing this report. -42- Report P/CA 36/23 August 9, 2023 Page 3 Date of report: August 3, 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 36-23\7. Report Attachments -43- Finch Avenue GlenannaRoad D i x i e R o a d D u n c a n n o n D r i v e Ly n n H e i g h t s D r i v e Broo k s h i r e S q u a r e RedbirdCrescent Silverthorn Square Moun t c a s t l e C r e s c e n t Lynn Heights Park Forestbrook Park Duncannon Ravine William Dunbar Public School Location MapFile:Applicant:Municipal Address: P/CA 36/23 Date: Jul. 14, 2023 Exhibit 1 M. MacPhaden 963 Mountcastle Crescent SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 36-23\PCA36-23_LocationMap.mxd 1:3,000 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 -44- Exhibit 2 Submitted Plan File No: P/CA 36/23 Applicant: M. MacPhaden Municipal Address: 963 Mountcastle Crescent CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: July 24, 2023 Proposed Uncovered Deck with Steps Existing Dwelling to permit uncovered steps and platform not exceeding 1.4 metres in height above grade, and not projecting more than 2.3 metres into any required rear yard Mountcastle Crescent -45- Report to Committee of Adjustment Application Number: P/CA 37/23 Date: August 9, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 37/23 811501 Ontario Ltd. 954 Dillingham Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 6780/07, to permit: • a maximum of 10 percent of the building to be designated for accessory retail use, whereas the By-law states that retail stores and retail operations shall not be permitted; • a maximum of 40 percent of the required parking spaces (10 parking spaces) to be provided in the front yard, whereas the By-law limits front yard parking to be 20 percent of the total required parking area; • a minimum side yard setback of 5.4 metres from the north parking spaces, and a minimum side yard setback of 0.0 metres from the south parking spaces, whereas the By-law permits side yard parking to be no closer than 7.5 metres from the side lot line on one side and 1.5 metres on the other side; • a minimum setback of 0.9 of a metre between the parking area and Dillingham Road, whereas the By-law requires parking areas to have a 3.0 metre setback from the abutting road allowance. The applicant requests approval of this minor variance application in order to obtain a future building permit to permit the conversion of a portion of the building for accessory retail use. 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 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 proposed development, as generally sited and outlined on the applicant’s submitted plan (refer to Exhibits 2). -46- Report P/CA 35/23 August 9, 2023 Page 2 Background Minor Variance Decision P/CA 63/87 On August 20, 1987, the City of Pickering Committee of Adjustment approved Minor Variance Application P/CA 63/87, to permit a minimum south side yard setback of 3.9 metres and a maximum of 20.7 percent (6 parking spaces) of the total required parking to be located in the front yard. The applicant has indicated that there are currently 10 existing parking spaces in the front yard, as such a variance to the Section 5.21.2(a) of the Zoning By-law is requested as a part of this application for front yard parking. Comment Conforms to the Intent of the Official Plan The subject property is designated “Employment Areas - General Employment” within the Brock Industrial neighbourhood. The General Employment designation permits a range of industrial uses including warehousing and automotive and vehicle sales and repair. The Official Plan policies also permits retail sales as a minor component of an industrial operation. Conforms to the Intent of the Zoning By-law The subject property is zoned “M2 – Industrial Zone” in Zoning By-law 2511, as amended by By-law 6780/07. Retail Use Variance Historically, the intent of prohibiting retail operations within the industrial zoning is to protect and preserve employment lands for industrial uses and to prevent the expansion of retail uses into employment lands. The current Planning Act framework includes retail uses associated with manufacturing uses, research and development related uses and warehousing uses as a permitted use. The Planning Act also requires municipalities to update its Official Plans every five years to ensure consistency with the provincial interest. While the City of Pickering Official Plan has been updated to reflect the changes to the Planning Act, Zoning By-law 2511 has not been updated to implement the policies of the Official Plan. As such, the applicant is seeking relief from the Zoning By-law to permit a portion of the existing building on the subject site to be used as accessory retail use. The City of Pickering is currently conducting a Comprehensive Zoning By-law Review to consolidate the City’s existing Zoning By-laws and to update the By-law to meet industry standards. The draft Comprehensive Zoning By-law has included provisions for the permission of ancillary retail uses and display of goods to include only products, materials or goods which are manufactured, processed, fabricated or repaired as part of the principal use. The maximum gross floor area (GFA) for an ancillary retail use shall be 10 percent of the GFA of the principle use or a maximum GFA of 500 square metres. -47- Report P/CA 35/23 August 9, 2023 Page 3 The applicant has proposed approximately 8.6 percent, or 140 square metres, of the GFA to be utilized as accessory retail use. The proposed GFA to be converted into an accessory retail use represents a minor component of the overall principal use of the building. As the proposed use is permitted within the Official Plan, and that the proposed GFA for accessory retail use is in compliance with the future zoning provisions on ancillary retail uses in industrial zones, staff is of the opinion that the requested variance is in keeping with the intent of the Zoning By-law. Front Yard Parking Variance The intent of limiting front yard parking is to minimize the visual impact of the parking area on the streetscape. Based on the proposed uses of the building, the total required parking spaces for the proposal is 25 spaces. The applicant has indicated 39 parking spaces on the submitted site plan, where 10 spaces are located in the front yard, accounting for 40% of the total required parking spaces. The previous Committee of Adjustment decision P/CA 63/87 approved 6 parking spaces to be located in the front yard, therefore the current proposal represents an increase of 4 spaces. A landscaped area is provided and maintained in the front yard, as such, the requested increase in parking spaces is not expected to result in a significant visual impact on the streetscape. Side Yard Parking Setback Variance Side yard parking is setback a minimum of 0.0 metres from the south side lot line and a minimum of 5.4 metres from the north side lot line, whereas the By-law permits side yard parking to be no closer than 7.5 metres from one side lot line and 1.5 metres from the other. The intent of this provision is to maintain an appropriate buffer between parking areas and abutting properties. The south side yard parking spaces abut a 14.0 metre landscape buffer on the abutting property immediately to the south, whereas the north side yard parking spaces abut an existing driveway to the north. The existing separation distance between the subject property and the abutting properties is similar to the required setbacks as per the Zoning By-law. As such, staff is satisfied that there is an appropriate buffer between the parking areas and the abutting properties. Parking Setback from a Road Allowance Variance Front yard parking is setback a minimum of 0.9 of a metre from Dillingham Road, whereas the By-la w requires parking area to be have a minimum setback of 3.0 metres from a road allowance. The intent of this provision is to maintain an appropriate buffer between the parking area and the streetscape. The subject property has frontage along Dillingham Road and the front yard parking area abuts an existing drainage swale along Dillingham Road. The existing swale expands the existing landscape buffer between the parking area and Dillingham Road. Additionally, the existing setback of 0.9 of a metre is similar to the landscape buffer provided at the property immediately to the north, as such, staff is satisfied that an appropriate buffer is provided between the parking area and the streetscape. -48- Report P/CA 35/23 August 9, 2023 Page 4 Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will permit a portion of the existing building to be accessory retail to an industrial use. The majority of the building is designated for warehousing use and parts servicing. The permission of an accessory retail use within a small portion of the building is in keeping with the Provincial policies. Additionally, the parking arrangement on the subject property is not expected to generate negative visual impacts on the surrounding industrial area. Staff is of the opinion that the requested variances are desirable for appropriate development of the land and are minor in nature. Input From Other Sources Applicant • Our business relies on retail as a part of our operations as we sell, service and offer parts for the outdoor power equipment industry. Engineering Services • No comments. Building Services • No concerns from Building Services. Building Permit is required prior construction. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: August 3, 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 37-23\7. Report\PCA 37-23 Report.docx Attachments -49- Bayly Street Al l i a n c e R o a d Sa l k R o a d Br o c k R o a d Quigley Street Di l l i n g h a m R o a d Don BeerArena Location MapFile:Applicant:Municipal Address: P/CA 37/23 Date: Jul. 18, 2023 Exhibit 1 ¯ E 811501 Ontario Ltd.954 Dillingham Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 37-23\PCA37-23_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 DevelopmentDepartment HydroLands HydroLands -50- Ex h i b i t 2 Su b m i t t e d Si t e Pl a n /Fl o o r P l a n Fi l e N o : P/ C A 37/2 3 Ap p l i c a n t : 81 1 5 0 1 O n t a r i o L t d . Mu n i c i p a l A d d r e s s : 95 4 D i l l i n g h a m 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 l y 2 0 , 2 0 2 3 Dillingham Road to p e r m i t a m a x i m u m o f 40 pe r c e n t of t h e r e q u i r e d pa r k i n g s p a c e s ( 1 0 p a r k i n g sp a c e s ) t o b e p r o v i d e d i n th e f r o n t y a r d to p e r m i t a m i n i m u m s i d e y a r d s e t b a c k o f 5. 4 m e t r e s f r o m t h e n o r t h p a r k i n g s p a c e s , an d a m i n i m u m s i d e y a r d s e t b a c k o f 0. 0 me t r e s f r o m t h e s o u t h p a r k i n g s p a c e s to p e r m i t m i n i m u m se t b a c k o f 0 . 9 o f a me t r e b e t w e e n t h e pa r k i n g a r e a a n d Di l l i n g h a m R o a d to p e r m i t a m a x i m u m o f 10 pe r c e n t of t h e b u i l d i n g to b e d e s i g n a t e d f o r ac c e s s o r y re t a i l u s e -51-