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HomeMy WebLinkAboutDecember 13, 2023 Committee of Adjustment Agenda Hearing Number: 12 Date: Wednesday, December 13, 2023 pickering.ca Agenda Committee of Adjustment Wednesday, December 13, 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 November 8, 2023 hearing 1-9 4. Reports 4.1 P/CA 46/23 – 701 Marksbury Road 10-19 4.2 P/CA 51/23 – 1133 Ridgewood Court 20-25 4.3 P/CA 53/23 – 333 Granby Court 26-33 4.4 P/CA 54/23 – 2455 Sixth Concession Road 34-38 4.5 P/CA 55/23 – 457 Broadgreen Avenue 39-47 4.6 P/CA 56/23 & P/CA 57/23 – 1855 Pine Grove Avenue (Parts 1 & 2) 48-61 5.Other Business 5.1 Adoption of 2024 Hearing Schedule 62 5.2 Appointment of Chairperson 5.3 Appointment of Vice-Chairperson 5.4 Appointment of Assistant Secretary-Treasurer 6. Adjournment Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 1 of 9 Pending Adoption Present Omar Ha-Redeye Denise Rundle – Vice-Chair Sakshi Sood Joshi Sean Wiley – Chair Also Present Deborah Wylie, Secretary-Treasurer Cody Morrison, Secretary-Treasurer – Host Jasmine Correia, Assistant Secretary-Treasurer Liam Crawford, Planner II Ziya Cao, Planner I Absent Rick Van Andel 1. Disclosure of Interest No disclosures of interest were noted. To prevent a tie vote, the Chair will abstain from voting on tonight’s items. 2. Adoption of Agenda Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the agenda for the Wednesday, November 8, 2023 hearing be adopted. Carried Due to her absence at the previous hearing, the Vice-Chair abstained from voting on the below item. 3. Adoption of Minutes Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the minutes of the 10th hearing of the Committee of Adjustment held Wednesday, October 11, 2023 be adopted. Carried -1- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 2 of 9 4. Reports 4.1 (Deferred at the October 11, 2023 Hearing) P/CA 44/23 C. Williams 1285 Ilona Park Road The applicant requests relief from Zoning By-law 2520, as amended by By-laws 7872/21, 7873/21 and 7901/22, to permit: • a total lot coverage of 7.3 percent for all accessory buildings excluding private detached garages, whereas the By-law permits a total lot coverage of all accessory buildings, excluding private detached garages, to be 5 percent of the lot area • a maximum lot coverage of 37.7 percent, whereas the By-law permits a maximum lot coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to install a prefabricated steel shed in the rear yard. Input from other sources were received from the Applicant, City’s Engineering Services, City’s Building Services Section and Elexicon Energy. In support of the application, the applicant identified the previous shed was destroyed, a new prefabricated shed was purchased for storage of outdoor displays and does not meet the zoning requirements. Michael Williams and Samantha Williams, agents, were present to represent the application. No further representation was present in favour of or in objection to the application. Vice-Chair commented that the application was deferred to this hearing to allow for comments from Elexicon confirming their requirements have been met to their satisfaction. Exhibit 2, included in the staff report, indicates said requirements and will be included in the decision. After reading the staff report, not seeing any major concerns and agreeing with the recommendation, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye -2- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 3 of 9 That application P/CA 44/23 by C. Williams, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That these variances apply only to the proposed accessory building (shed), as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated November 8, 2023). Carried 4.2 P/CA 47/23 P. & K. Annalingam 1400 Rougemount Drive The applicant requests relief from Zoning By-law 3036, as amended by By-laws 2912/88, 3701/91, 7874/21 and 7902/22 to permit: • a maximum dwelling depth of 29.2 metres for a lot with lot depth greater than 40.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a private garage to extend 9.75 metres beyond the front wall of the dwelling to which it is attached, whereas the By-law permits an attached private garage to be extended no more than 2.0 metres beyond the front wall of the dwelling to which it is attached • a maximum front yard setback of 29.4 metres, whereas the By-law permits a maximum front yard setback of 21.0 metres The applicant requests approval of this minor variance application to obtain a future building permit to construct a two-storey detached dwelling. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. Fiona McGill, agent, was present to represent the application. Two area residents were present in objection to the application. The agent requested a deferral of the application to receive a zoning review. -3- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 4 of 9 In objection to the application, Alayna Tierney, area resident commented the following: the proposed dwelling will extend significantly further back into the lot than other homes on the same side of the street; concerned about damages to legacy trees and obstructing views; not compatible with the character of the street; and the garage is proposed to be two storeys high which is obtrusive. In objection to the application, Amanada McKesey, area resident commented the following: the dwelling depth changes the privacy of their backyard; and concerns with the living space proposed above the garage that faces their home. Due to the agent requesting deferral for zoning review, and to allow for the applicant to address objections raised tonight, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 47/23 by P. & K. Annalingam be Deferred sine die. Carried 4.3 P/CA 48/23 T. & J. Brisebois 1467 Rosebank Road The applicant requests relief from Zoning By-law 3036, as amended by By-laws 7874/21, and 7902/22 to permit: • a minimum front yard setback of 10.3 metres, whereas the By-law requires a minimum front yard setback of 12.5 metres, based on the shortest front yard setback of the adjacent dwellings • a maximum driveway width of 15.4 metres, whereas the By-law permits a maximum driveway width of 6.0 metres, or if the entrance of the garage is wider than 6.0 metres, the proposed driveway shall be no greater than the width of the entrance of the garage The applicant requests approval of this minor variance application to obtain a building permit to facilitate a second storey addition. Input from other sources were received from the Applicant, City’s Engineering Services and City’s Building Services Section. -4- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 5 of 9 In support of the application, the applicant identified the following: the proposed front yard setback variance is in line with the previous by-law and at the same time with the required GFA to make the interior space livable for a typical four bedroom house; and the driveway width and two entrances are in line with the community and previous by- law, many other properties in the street are having the same conditions, also in conformance with the needs of such a house. Furthermore, the extent of the variances are still in line with the community and general intent of the OP and by-law. Arash Bahamin, agent, was present to represent the application. No further representation was present in favour of or in objection to the application. The agent commented that the variances being requested are minor in nature and believes they are in line with the zoning by-law and official plan. In response to questions from Committee members, the agent stated they have been communicating with the Engineering department and are aware of the condition of approval. They understand the two curb cuts are not supported by Engineering. They plan to propose permeable pavers for the hardscaping at the front. After reviewing the report and comments that have been received from agency, and receiving no written submissions from the public, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 48/23 by T. & J. Brisebois, be Approved on the grounds that the requested variances are minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variances to permit the detached dwelling apply only to the proposed detached dwelling, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6 contained in the staff report to the Committee of Adjustment, dated November 8, 2023). 2. That a revised driveway design be provided to the satisfaction of Engineering Services prior to the issuance of a building permit. 3. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. Carried -5- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 6 of 9 4.4 P/CA 49/23 W. Syed & F. Khatoon 3490 Audley Road The applicant requests relief from Zoning By-law 3037, as amended by By-laws 6577/05 and 8037/23 to permit a detached garage to be located on the north side yard, whereas the By-law requires all accessory buildings that are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application to obtain a building permit for the existing detached garage on the north side yard. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, Region of Durham Health Department and the Toronto and Region Conservation Area (TRCA). In support of the application, the applicant identified they are seeking to legalize the existing detached garage. Waqqas Syed, applicant, was present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented that they require a garage for storage purposes. After reading the report and seeing no technical or public issues, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Sakshi Sood Joshi That application P/CA 49/23 by W. Syed & F. Khatoon, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following condition: 1. That the variance applies only to the proposed development, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3 & 4 contained in the staff report to the Committee of Adjustment, dated November 8, 2023). Carried -6- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 7 of 9 4.5 P/CA 50/23 B. & Y. Javaid 326 Dyson Road The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7874/21 and 7902/22 to permit a maximum dwelling depth of 24.0 metres, whereas the By-law permits a maximum dwelling depth of 20.0 metres for a lot with a lot depth greater than 40.0 metres. The applicant requests approval of this minor variance application to obtain a building permit to construct a two-storey detached dwelling. Input from other sources was received from the Applicant, City’s Engineering Services, City’s Building Services Section, the Toronto and Region Conservation Area (TRCA) and four area residents. In support of the application, the applicant identified under the new Infill By-law 7872/21 the dwelling depth permitted is 20 metres. The minimum front yard setback shall be equal to the shortest front yard setback of the existing dwellings on abutting lots on the same side of the street within the same block. The house on the north has reduced 4.45m front yard setback and hence the proposed house depth when measured from that setback doesn't comply with the zoning By-law. Badar Javaid, applicant, and Jamshaid Durrani, agent, were present to represent the application. No further representation was present in favour of or in objection to the application. The applicant commented the following: it has taken over two years to build this generational home and during the process the Infill by-laws had come into effect; they have worked with the City and commenting agencies to appease all requirements; and they have worked with the neighbours to ensure that all concerns were addressed. In response to a question from a Committee member, the Secretary-Treasurer confirmed comments were received from Parks Canada. Committee member brought awareness to Parks Canada’s concerns on the drainage and erosion on-site. The agent stated they had received the comment letter from Parks Canada before the hearing commenced. Suggested the requirements be mentioned as a condition in the decision as they have provided TRCA with all necessary plans and studies required. TRCA needed the home to be closer to the street due to slope stability issues; they have received a permit for the construction from TRCA. -7- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 8 of 9 In response to a question from a Committee member, the Secretary-Treasurer commented that the applicant did receive the comment letter from Parks Canada just before this hearing, and that commenting agencies would not be privy to each other’s comments. Similar comments were received from Parks Canada on an application from a few years ago where the applicant also required a TRCA permit. Many of Parks Canada concerns were addressed through the process of receiving the TRCA permit. The Committee could consider putting a condition on this decision that Parks Canada requirements be addressed. The applicant commented that they have been cooperating with TRCA to satisfy all their requirements and are willing to comply with Parks Canada conditions. In response to a question from the Vice-Chair, the Secretary-Treasurer replied that in the City’s experience the arrangement was that the applicant would reach out to Parks Canada during construction to ensure all requirements were being met. Parks Canada had also conducted inspections throughout the construction. In response to a question from a Committee member, the agent stated many of the studies and plans being requested from Parks Canada were done through the process of receiving a permit from TRCA. Vice-Chair commented that she understands the frustration of complying with all these different agencies, however this property is unique. It is within a provincially significant wetland and environmental concerns need to be taken seriously. The applicant commented that they purchased the property due to the environmental nature, and the goal is to enjoy those features and the neighbours. After reading the report, comments from agencies and public, and recognizing recent comments from Parks Canada, Denise Rundle moved the following motion: Moved by Denise Rundle Seconded by Omar Ha-Redeye That application P/CA 50/23 by B. & Y. Javaid, be Approved on the grounds that the requested variance is minor in nature, desirable for the appropriate development of the land, and in keeping with the general intent and purpose of the Official Plan and the Zoning By-law, subject to the following conditions: 1. That the variance to permit the detached dwelling applies only to the proposed 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 November 8, 2023). -8- Committee of Adjustment Hearing Minutes Wednesday, November 8, 2023 7:00 pm Electronic Hearing Page 9 of 9 2. That Engineering Services shall be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. 3. That the applicant provides a revised TRCA permit prior to the issuance of a building permit. 4. That prior to the issuance of a building permit the owner shall implement requested mitigations outlined by Parks Canada in their comment letter dated November 8, 2023, to protect the environmental integrity of the Rouge National Urban Park. Carried 5. Adjournment Moved by Omar Ha-Redeye Seconded by Sakshi Sood Joshi That the 11th hearing of the 2023 Committee of Adjustment be adjourned at 7:48 pm. Carried __________________________ 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 -9- Report to Committee of Adjustment Application Number: P/CA 46/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 46/23 S. Alavi-Tafti 701 Marksbury Road Application The applicant requests relief from Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, and 7900/21, to permit: • uncovered steps and platforms (porch) that are not more than 1.0 metre above grade to project no more than 2.0 metres into the required front yard, whereas the By-law permits uncovered steps and platforms that are not more than 1.0 metre above grade to project no more than 1.5 metres into the required front yard • a maximum lot coverage of 38 percent (including the deck), whereas the By-law requires a maximum coverage of 33 percent The applicant requests approval of this minor variance application to obtain a building permit to remove the existing building and structures and redevelop the lot with 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 variances. After considering all public and agency input, should the Committee find merit in this application, the following condition is recommended: 1. That the 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). -10- Report P/CA 46/23 December 13, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Urban Residential Areas – Low Density” in the City of Pickering Official Plan, which permits a variety of uses, including residential uses, home occupations, limited retailing serving the area, community, cultural and recreational uses, community gardens, farmer’s markets, and compatible employment uses serving the area. Low density residential uses such as detached dwellings are permitted within this designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Detached Dwelling, Fourth Density Zone under Zoning By-law 2511, as amended by By-laws 7610/18, 7872/21, and 7900/21. Detached dwellings and associated accessory structures are permitted within this designation. The applicant is proposing a two-storey detached dwelling with a rear yard deck off the ground floor. The dwelling and rear yard deck have a lot coverage of 38 percent. Also proposed are an uncovered front platform (porch) and stairs that both project approximately 2.0 metres into the front yard, but are no higher than 1.0 metre from average grade. The “R4” zone permits a maximum lot coverage of 33 percent and a maximum projection for uncovered platforms and stairs of 1.5 metres into any yard, which cannot be higher than 1.0 metre above grade. The intent of these provisions is to regulate the size and scale of the building and ensure that sufficient lot area remains uncovered to accommodate sufficient space for amenity uses, and landscaping to provide proper drainage. The proposed dwelling meets the height and setback requirements of the Zoning By-law and achieves a building scale that is similar to and compatible with the surrounding detached dwellings and provides adequate amenity and landscape space. Staff is of the opinion that the requested variances are in keeping with the intent and purpose of the Zoning By-law. Desirable for the Appropriate Development of the Land and Minor in Nature The requested variances will permit a detached dwelling with additional living space. The proposed dwelling is within the height and setback requirements and allows for an appropriate building scale, outdoor amenity space, and on-site drainage. The requested variances do not 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 are minor in nature. Input From Other Sources Applicant • Seeking to permit a new detached dwelling. Engineering Services • Ensure the increased lot coverage area (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. -11- Report P/CA 46/23 December 13, 2023 Page 3 Building Services • No concerns from Building Services, building permit has been submitted. Public Input • As of the date of writing this report, seven community members who live on Marksbury Road have indicated they support the requested variances. Date of report: December 7, 2023 Comments prepared by: Liam Crawford Deborah Wylie, MCIP, RPP Planner II Manager, Zoning & Administration LC:jc J:\Documents\Development\D-3700 Committee of Adjustment (PCA Applications)\2023\PCA 49-23\7. Report\PCA 49-23 Report.docx Attachments -12- Sunrise Avenue P a r k C r e s c e n t W es t Shore Boulevard Gr e y c o a t L a n e Vicki Drive Oklahoma Drive Ma r k s b u r y R o a d Vi c t o r y D r i v e Location MapFile:Applicant:Municipal Address: P/CA 46/23 Date: Sep. 18, 2023 Exhibit 1 ¯ E S. Alavi-Tafti 701 Marksbury Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 46-23\PCA46-23_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 -13- Exhibit 2 Submitted Site Plan File No: P/CA 46/23 Applicant: S. Alavi-Tafti Municipal Address: 701 Marksbury Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: November 23, 2023 to permit uncovered steps and platforms (porch) not exceeding a height of 1.0 metres above grade to project no more than 2.0 metres into the required front yard to permit a maximum lot coverage of 38 percent -14- Exhibit 3 Submitted Site Plan (Zoomed In) File No: P/CA 46/23 Applicant: S. Alavi-Tafti Municipal Address: 701 Marksbury Road CONTACT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT FOR DIGITAL COPIES OF THIS PLAN. Date: November 23, 2023 to permit a maximum lot coverage of 38 percent to permit uncovered steps and platforms (porch) not exceeding a height of 1.0 metres above grade to project no more than 2.0 metres into the required front yard -15- Ex h i b i t 4   Su b m i t t e d E a s t (Fr o n t ) E l e v a t i o n Fi l e N o : P / C A 4 6 / 2 3 Ap p l i c a n t : S . Ala v i - T a f t i Mu n i c i p a l A d d r e s s : 7 0 1 M a r k s b u r y R o a d 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 : N o v e m b e r 2 3 , 2 0 2 3   -16- Ex h i b i t 5   Su b m i t t e d N o r t h (Si d e ) E l e v a t i o n Fi l e N o : P / C A 4 6 / 2 3 Ap p l i c a n t : S . Ala v i - T a f t i Mu n i c i p a l A d d r e s s : 7 0 1 M a r k s b u r y R o a d 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 : N o v e m b e r 2 3 , 2 0 2 3   -17- Ex h i b i t 6   Su b m i t t e d W e s t (Re a r ) E l e v a t i o n Fi l e N o : P / C A 4 6 / 2 3 Ap p l i c a n t : S . Ala v i - T a f t i Mu n i c i p a l A d d r e s s : 7 0 1 M a r k s b u r y R o a d 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 ty 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 : N o v e m b e r 2 3 , 2 0 2 3   -18- Ex h i b i t 7   Su b m i t t e d S o u t h (Si d e ) E l e v a t i o n Fi l e N o : P / C A 4 6 / 2 3 Ap p l i c a n t : S . Ala v i - T a f t i Mu n i c i p a l A d d r e s s : 7 0 1 M a r k s b u r y R o a d 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 ty 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 : N o v e m b e r 2 3 , 2 0 2 3   -19- Report to Committee of Adjustment Application Number: P/CA 51/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 51/23 G. & B. Roadknight 1133 Ridgewood Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 2864/88, to permit a platform (rear yard balcony) not exceeding a height of 2.7 metres above grade to project not more than 1.5 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms, not exceeding 1.0 metre in height, to project 1.5 metres into the rear yard. The applicant requests approval of the variance in order to obtain a building permit to install a rear yard balcony. 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 variances. After considering all public and agency input, should the Committee find merit in this application, the following conditions are recommended: 1. That the variance applies only to the proposed rear yard balcony, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2 & 3). 2. That the applicant provide confirmation that the appropriate review fee has been paid to Toronto & Region Conservation Authority (TRCA). 3. That a TRCA permit be obtained prior to the issuance of a building permit. -20- Report P/CA 51/23 December 13, 2023 Page 2 Comment Conforms to the Intent of the Official Plan The subject property is designated “Natural Area” and “Urban Residential Areas – Low Density Area” within the Liverpool Neighbourhood. Residential uses such as detached dwellings and accessory uses are permitted within the Urban Residential Areas designations. Legally existing residential dwellings are permitted within the Natural Area designation. Conforms to the Intent of the Zoning By-law The subject property is zoned “S3” in Zoning By-law 3036, as amended by By-law 2864/88. The applicant is proposing to replace the existing rear balcony with an uncovered balcony on first floor that has a height of 2.7 metres, projecting 1.3 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms not exceeding 1.0 metre in height to project 1.5 metres into the rear yard. The intent of this provision is to ensure adequate space is provided for landscaping in the required yards and adequate amenity space is provided in the rear yard. The projection of the balcony is within the encroachment provision; however, the proposed balcony exceeds the height permitted by the By-law to accommodate the existing basement walkout entrance. A minimum setback of 6.3 metres from the rear lot line is maintained from the proposed balcony, providing adequate space for landscaping and amenity space in the rear yard. Staff is of the opinion that the requested variance is in keeping with the general intent and purpose the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variance is intended to facilitate the construction of an uncovered balcony in the rear yard of the property. The proposed balcony is consistent with the projection of the existing balconies and decks of the adjacent properties. Additionally, the property backs onto a ravine, which minimizes the visual impacts of the proposed balcony to abutting neighbours. Staff is of the opinion that the requested variance is desirable and appropriate for the development of the land and is minor in nature. Input From Other Sources Applicant •Height of deck is required to accommodate existing egress of basement unit which exists below the proposed deck. Egress requirement for basement unit occupant prevents compliance of 1 metre maximum height. Encroachment into rear yard setback required to accommodate usable deck size for requirements of main floor occupant. Engineering Services •No comments. -21- Report P/CA 51/23 December 13, 2023 Page 3 Building Services •Deck was constructed without the benefit of building permit, permit application is on hold until Committee’s decision. TRCA •Based on the comments provided, TRCA staff have no objection to the approval of Minor Variance Application No. P/CA 51/23 subject to the conditions identified in Appendix A. •Appendix A conditions: (1) The applicant submits the TRCA review fee of $660.00 within 30 days of TRCA notification in writing; (2) CA Act permit is applied for and issued prior to any development taking place. Public Input •No written submissions were received from the public as of the date of writing this report. Date of report: December 6, 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 51-23\7. Report\PCA 51-23 Report.doc Attachments -22- Ma p l e R i d g e D r i v e Bowle r Drive Dee r b r o o k D r i ve Finch Avenue Ridgewood Cou r t K it l e y A v e n u e Di x i e R o a d Glouc es t er S quare Mulmur Court Malden Crescent Bicr o f t C o u r t Pinec r e e k C o u r t He n s a l l C o u r t Canborough Crescent Silverthorn Square M onteagle Lane Ly d i a C r e s c e n t Forestbrook Park Kitley Ravine Mulmer Tot Lot David Farr Park St. Isaac Jogues Separate School Location MapFile:Applicant:Municipal Address: P/CA 51/23 Date: Oct. 19, 2023 Exhibit 1 ¯ E G. & B. Roadknight 1133 Ridgewood Court SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 51-23\PCA51-23_LocationMap.mxd 1:3,500 SCALE: THIS IS NOT A PLAN OF SURVEY. © The Corporation of the City of Pickering Produced (in part) under license from: © 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 -23- Exhibit 2 Submitted Site Plan File No: P/CA 51/23 Applicant: G. & B. Roadknight Municipal Address: 1133 Ridgewood Court FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: Nov 23, 2023 8. 6 9 m 6. 2 7 m 6. 6 4 m Ridgewood Court 2. 4 2 m 4.25m Proposed Balcony/Deck to permit a platform (rear yard balcony ) not exceeding a height of 2.7 metres to project not more than 1.5 metres into the required rear yard -24- Exhibit 3 Submitted Balcony Elevation (Side View) File No: P/CA 51/23 Applicant: G. & B. Roadknight Municipal Address: 1133 Ridgewood Court FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: Nov 23, 2023 to permit a platform (rear yard balcony ) not exceeding a height of 2.7 metres above grade to project not more than 1.5 metres into the required rear yard -25- Report to Committee of Adjustment Application Number: P/CA 53/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 53/23 M. Myers 333 Granby Court Application The applicant requests relief from Zoning By-law 3036, as amended by By-law 4936/97, to permit: • a platform (rear yard deck) not exceeding a height of 2.9 metres above grade to project not more than 4.0 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms, not exceeding 1.0 metre in height, to project 1.5 metres into the rear yard • a maximum lot coverage of 42.6 percent, whereas the By-law permits a maximum lot coverage of 38 percent The applicant requests approval of these variances to permit a deck in the rear yard. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested 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 the variances apply only to the proposed rear yard deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4 & 5). 2. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. 3. That a Toronto & Region Conservation Authority (TRCA) permit be obtained prior to the issuance of a building permit. -26- Report P/CA 53/23 December 13, 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 detached dwellings and accessory uses are permitted within the Urban Residential Areas designations. Conforms to the Intent of the Zoning By-law The subject property is zoned “S4-4” in Zoning By-law 3036, as amended by by-law 4936/97. Yard Encroachment Variance The applicant is proposing an uncovered deck with a height of 2.9 metres, that projects 4.0 metres into the required rear yard, whereas the By-law permits uncovered steps and platforms not exceeding 1.0 metre in height to project 1.5 metres into the rear yard. The intent of this provision is to ensure adequate space is provided for landscaping in the required yards and adequate amenity space is provided in the rear yard. The minimum required rear yard setback for the subject property is 10.0 metres. The subject property has an irregular rear lot line, and a minimum setback of 6.0 metres can be maintained with the proposed deck. Staff is of the opinion that adequate amenity space can maintained in the rear yard and that sufficient space is provided for landscaping, as such the requested variance is in keeping with the general intent and purpose of the Zoning by-law. Lot Coverage Variance The proposed deck will increase the total lot coverage of the subject property to 42.6 percent, whereas the By-law permits a maximum lot coverage of 38 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. As previously mentioned, a minimum setback of 6.0 metres will be maintained at one point from the rear lot line. As the subject property has an irregular rear lot line, the setback to the rear lot line is greater than 6.0 metres at other points along the rear lot line. Additionally, the increase in lot coverage is not expected to have a significant impact on the drainage pattern of the area. Staff is of the opinion that the requested variance is in keeping with the general intent and purpose of the Zoning By-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances are to permit an uncovered deck in the rear yard of the property. The proposed deck is generally consistent with the rear walls of the existing dwellings on the adjacent properties to the north and south. With the grading of the rear yard sloping away from the dwelling, the proposed deck will allow direct access from the main floor of the dwelling to the rear yard enhancing the experience of the rear yard amenity space. Staff is of the opinion that the requested variances are desirable and appropriate for the development of the land and are minor in nature. -27- Report P/CA 53/23 December 13, 2023 Page 3 Input From Other Sources Applicant • The irregular rear lot line encroaches what would normally be the backyard. Engineering Services • Ensure the increased lot coverage (if approved with this application) 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, apply for Building permit prior construction. TRCA • Based on the comments provided, TRCA staff have no objection to the approval of Minor Variance Application No. P/CA 53/23 subject to the condition identified in Appendix A. • Appendix A condition: (1) A CA Act permit is issued prior to any development taking place. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: December 6, 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 51-23\7. Report\PCA 51-23 Report.doc Attachments -28- Valleyview Drive Lawson Street Waterford Gate TilsonCourt Strouds Lane Al t o n a R o a d Fo r e s t v i e w D r i v e Starview Court C a l v i n g t o n D r i ve T r e e t o p W a y Lancrest Street Senator Street Richardson Street Twyn Rivers Drive G r a n b y C o u r t Sheppard Avenue South Petticoat Ravine South Petticoat Ravine St. Monica's Separate School Location MapFile:Applicant:Municipal Address: P/CA 53/23 Date: Oct. 30, 2023 Exhibit 1 M. Myers 333 Granby Court SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 53-23\PCA53-23_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 -29- Ex h i b i t 2 Su b m i t t e d S i t e P l a n Fi l e N o : P / C A 5 3 / 2 3 Ap p l i c a n t :  M. M y e r s Mu n i c i p a l A d d r e s s : 3 3 3 G r a n b y C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : N o v 2 3 , 2 0 2 3   to p e r m i t p l a t f o r m ( a r e a r ya r d d e c k ) n o t e x c e e d i n g a h e i g h t o f 2 . 9 m e t r e s ab o v e g r a d e a n d n o t pr o j e c t i n g m o r e t h a n 4. 0 m e t r e s i n t o t h e re q u i r e d r e a r y a r d   to p e r m i t a ma x i m u m l o t co v e r a g e o f 42 . 6 p e r c e n t   -30- Ex h i b i t 3 Su b m i t t e d E l e v a t i o n P l a n (Ea s t E l e v a t i o n ) Fi l e N o : P / C A 5 3 / 2 3 Ap p l i c a n t : M. M y e r s Mu n i c i p a l A d d r e s s : 3 3 3 G r a n b y C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : N o v 2 3 , 2 0 2 3   to p e r m i t p l a t f o r m (a r e a r y a r d d e c k ) no t e x c e e d i n g a he i g h t o f 2 . 9 m e t r e s ab o v e g r a d e a n d no t p r o j e c t i n g m o r e th a n 4 . 0 m e t r e s i n t o th e r e q u i r e d r e a r ya r d   -31- Ex h i b i t 4 Su b m i t t e d E l e v a t i o n P l a n (No r t h E l e v a t i o n ) Fi l e N o : P / C A 5 3 / 2 3 Ap p l i c a n t : M. M y e r s Mu n i c i p a l A d d r e s s : 3 3 3 G r a n b y C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : N o v 2 3 , 2 0 2 3   -32- Ex h i b i t 5 Su b m i t t e d E l e v a t i o n P l a n (So u t h E l e v a t i o n ) Fi l e N o : P / C A 5 3 / 2 3 Ap p l i c a n t : M. M y e r s Mu n i c i p a l A d d r e s s : 3 3 3 G r a n b y C o u r t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : N o v 2 3 , 2 0 2 3   -33- Report to Committee of Adjustment Application Number: P/CA 54/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 54/23 W. MacLean 2455 Sixth Concession Road Application The applicant requests relief from Zoning By-law 3037, as amended by By-law 6577/05, to permit a proposed accessory building (detached garage) to be located within the front yard, whereas the By-law requires all accessory buildings which are not part of the main building to be erected in the rear yard. The applicant requests approval of this minor variance application to obtain a building permit to permit a detached garage (refer to Exhibits 2 & 3). Recommendation The City Development Department recommends that Minor Variance Application P/CA 54/23 be Tabled until an amendment to Minister’s Zoning Order 102/72 is obtained through the Ministry of Municipal Affairs and Housing (MMAH), or arrangements are made to the satisfaction of the MMAH. Background Ministers Zoning Order – Ontario Regulation 102/72 The subject property is subject to the Minister’s Zoning Order (MZO), Ontario Regulation 102/72, administered by the Ministry of Municipal Affairs and Housing (MMAH). The MZO, Ontario Regulation 102/72 has been in effect since the early 1970s and its purpose is to regulate development in the vicinity of a future airport on lands owned by the federal government. Minister’s Zoning Orders are enacted as regulation under the Planning Act and supersede any municipal zoning by-law that may apply to the subject area. Landowners may apply to amend or remove a MZO from their property by making an application to the Ministry. -34- Report P/CA 54/23 December 13, 2023 Page 2 Input From Other Sources Applicant • The configuration of the lot and existing vegetation makes it difficult to construct a garage in the rear yard. Engineering Services • No comments on the application. Building Services • No concerns from Building Services. Building permit has been submitted, waiting for Committee’s decision. Ministry of Municipal Affairs and Housing • City has requested comments. Public Input • No written submissions were received from the public as of date of writing this report. Date of report: December 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 54-23\7. Report\PCA 54-23 Tabled.doc Attachments -35- Greenridge Drive Sixth Concession Road We s t n e y R o a d Trim b l e ' s L ane High w a y 7 G r e e n w o o d Road Pickering Museum Village Greenwood Park Valley View Public School Location MapFile:Applicant:Municipal Address: P/CA 54/23 Date: Nov. 10, 2023 Exhibit 1 W. MacLean 2455 Sixth Concession Road SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 54-23\PCA54-23_Lo cationMap.mxd 1:4,000 SCALE: THIS IS NO T 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 -36- Ex h i b i t 2   Su b m i t t e d S i t e P l a n Fi l e N o : P / C A 5 4 / 2 3 Ap p l i c a n t : W . M a c L e a n Mu n i c i p a l A d d r e s s : 2 4 5 5 S i x t h C o n c e s s i o n 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 ty 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 : N o v e m b e r 2 3 , 2 0 2 3   to p e r m i t a n a c c e s s o r y b u i l d i n g (d e t a c h e d g a r a g e ) i n t h e f r o n t y a r d -37- Ex h i b i t 3   Su b m i t t e d E l e v a t i o n P l a n Fi l e N o : P / C A 5 4 / 2 3 Ap p l i c a n t : W . M a c L e a n Mu n i c i p a l A d d r e s s : 2 4 5 5 S i x t h C o n c e s s i o n 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 : N o v e m b e r 2 3 , 2 0 2 3   -38- Report to Committee of Adjustment Application Number: P/CA 55/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 55/23 R. Mercer & B. Morgan-Mercer 457 Broadgreen Street Application The applicant requests relief from Zoning By-law 2511, as amended by By-law 0609/77, to permit: • a minimum rear yard of 2.7 metres, whereas the By-law requires a minimum rear of 7.5 metres • a maximum building coverage of 48.5 percent, whereas the By-law permits a maximum building coverage of 33 percent The applicant requests approval of these variances to permit a two-storey sunroom addition and covered deck in the rear yard. Recommendation For your information, and based solely on the application and supporting documentation filed by the applicant, the City Development Department has reviewed the application with respect to Section 45(1) of the Planning Act and considers the requested 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 the variances apply only to the proposed addition and covered deck, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5 & 6). 2. That Engineering Services be satisfied that the Engineering Design Criteria can be adequately addressed prior to the issuance of a building permit. -39- Report P/CA 55/23 December 13, 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 detached dwellings and uses accessory thereto are permitted within the Urban Residential Areas designations. Conforms to the Intent of the Zoning By-law The subject property is zoned “S1” in Zoning By-law 2511, as amended by by-law 0607/77. Rear Yard Setback Variance The applicant is proposing to replace the existing rear yard deck with a two-storey three season sunroom, covered deck and patio in the rear yard. There are no encroachment provisions in Zoning By-law 2511 regulating projections of platforms and steps in the rear yard, in turn requiring the applicant to request a minimum rear yard setback of 2.7 metres to accommodate the steps to the patio. The intent of this provision is to ensure that sufficient amenity space is provided in the rear yard. Due to the steep sloping of the rear yard away from the dwelling, the rear yard space is not usable. The proposed structures contribute to creating a better amenity space in the rear yard. Staff is of the opinion that the requested variance is in keeping with the general intent and purpose of the Zoning By-law. Lot Coverage Variance The proposed seasonal sunroom addition, covered deck and patio will increase the total lot coverage of the subject property to 48.5 percent, 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 combined lot coverage for the sunroom addition, covered deck and patio is 14.4 percent (seasonal sunroom: 4.4 percent; covered deck and patio: 10.0 percent). The lot coverage for the existing dwelling is calculated at 34.1 percent. The subject property abuts Petticoat Creek Conservation Area at the rear of the property. The proposed addition is not expected to generate adverse impact to the existing drainage patterns of the surrounding area. Impact on drainage patterns within the lot and surrounding area will be reviewed by City Engineering Services during the building permit review, and low impact development measures will be required. Staff is of the opinion that the requested variance is in keeping with the general intent and purpose of the Zoning by-law. Desirable for the Appriopriate Development of the Land and Minor in Nature The requested variances will facilitate a seasonal sunroom addition, covered deck and patio to enhance the rear yard amenity space of the subject property. The proposed deck projection aligns with the existing deck of the adjacent property to the west. The applicant has also proposed screen fencing on both levels of the deck to mitigate overlooking issues from the proposed deck. Further, screening of the proposed sunroom on the east side is provided by the vegetation. Staff is of the opinion that the requested variances are desirable and appropriate for the development of the land and are minor in nature. -40- Report P/CA 55/23 December 13, 2023 Page 3 Input From Other Sources Applicant • The intent of the Proposed Addition to an existing ground level patio and main floor deck at the rear of the house is to extend the outdoor living area of the house. The extension is limited by a short rear yard depth and steep grade. Approximately 50% of the patio and deck area will be enclosed as a sunroom and screened porch, with the remaining patio and deck platform open at the sides. The existing deck platform has an area of 33.17 m2. The proposed deck platform area is 44.88 m2, an 11.71 m2 (35%) increase in the overall area of the deck structure. The proposed roof steps down from the main roof to reduce the overall mass of the structure. The western half of the structure is open, and the enclosed eastern areas have glass or screened walls, reducing the overall solidity of the structure. The depth and mass of the structure extending into the rear yard is consistent with rear yard development on neighboring properties to the east and west overlooking the ravine. Engineering Services • Ensure the reduced rear yard setback and increased lot coverage (if approved with this application) does not adversely affect the drainage patterns within the lot and surrounding area. Multiple Low Impact Development measures (such as, rain gardens, rain barriers and 450mm topsoil) will be required at the Building Permit stage. Building Services • No concerns from Building Services, apply for Building permit prior construction. Public Input • As of the date of writing this report, eight written submissions in support of the applications were received. Date of report: December 6, 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 55-23\7. Report\PCA 55-23 Report.doc Attachments -41- V i c t o r Court Callahan Street Petticoat C r e e k Broad g r e e n S t r e e t DownlandDrive BrianCourtWh i t e s R o a d Petticoat Lane Car m el l o Court Cree k v i e w C i r c l e En g e l C o u r t Lookout PointPark Dunmoore Park Location MapFile:Applicant:Municipal Address: P/CA 55/23 Date: Nov. 13, 2023 Exhibit 1 ¯ E R. Mercer & B. Morgan-Mercer457 Broadgreen Street SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 55-23\PCA55-23_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 DevelopmentDepartment -42- Exhibit 2 Submitted Site Plan File No: P/CA 55/23 Applicant: R. Mercer & B. Morgan-Mercer Municipal Address: 457 Broadgreen Street FULL SCALE COPIES OF THIS PLAN ARE AVAILABLE FOR VIEWING AT THE CITY OF PICKERING CITY DEVELOPMENT DEPARTMENT. Date: Nov 23, 2023 -43- Ex h i b i t 3 Su b m i t t e d Si t e Pl a n (E n l a r g e d ) Fi l e N o : P/ C A 55 /2 3 Ap p l i c a n t : R. M e r c e r & B . M o r g a n -Me r c e r Mu n i c i p a l A d d r e s s : 45 7 Br o a d g r e e n S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : No v 2 3 , 2 0 2 3 to p e r m i t a m a x i m u m bu i l d i n g c o v e r a g e o f 48 . 5 p e r c e n t to pe r m i t a mi n i m u m r e a r yar d o f 2. 7 me t r e s -44- Ex h i b i t 4 Su b m i t t e d El e v a t i o n P l a n ( S o u t h ) Fi l e N o : P/ C A 55 /2 3 Ap p l i c a n t : R. M e r c e r & B . M o r g a n -Me r c e r Mu n i c i p a l A d d r e s s : 45 7 B r o a d g r e e n S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : No v 2 3 , 2 0 2 3 -45- Ex h i b i t 5 Su b m i t t e d El e v a t i o n P l a n ( Ea st ) Fi l e N o : P/ C A 55 /2 3 Ap p l i c a n t : R. M e r c e r & B . M o r g a n -Me r c e r Mu n i c i p a l A d d r e s s : 45 7 B r o a d g r e e n S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : No v 2 3 , 2 0 2 3 -46- Ex h i b i t 6 Su b m i t t e d El e v a t i o n P l a n ( We s t ) Fi l e N o : P/ C A 55 /2 3 Ap p l i c a n t : R. M e r c e r & B . M o r g a n -Me r c e r Mu n i c i p a l A d d r e s s : 45 7 B r o a d g r e e n S t r e e t FU L L S C A L E C O P I E S O F T H I S P L A N A R E A V A I L A B L E F O R V I E W I N G A T T H E C I T Y O F P I C K E R I N G C I T Y D E V E L O P M E N T D E P A R T M E N T . Da t e : No v 2 3 , 2 0 2 3 -47- Report to Committee of Adjustment Application Number: P/CA 56/23 & P/CA 57/23 Date: December 13, 2023 From: Deborah Wylie, MCIP, RPP Manager, Zoning & Administration Subject: Committee of Adjustment Application P/CA 56/23 & P/CA 57/23 S. Southwick 1855 Pine Grove Avenue (Parts 1 & 2) P/CA 56/23 – Part 2 (1855 Pine Grove Avenue) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum dwelling height of 9.3 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum dwelling depth of 51.0 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a maximum front yard setback of 38.2 metres, whereas the By-law requires a maximum front yard setback of 22.9 metres P/CA 57/23 – Part 1 (1857 Pine Grove Avenue) The applicant requests relief from Zoning By-law 3036, as amended by By-law 7874/21 & By-law 7902/22, to permit: • a maximum dwelling height of 9.2 metres, whereas the By-law requires a maximum dwelling height of 9.0 metres • a maximum dwelling depth of 48.5 metres, whereas the By-law requires a maximum dwelling depth of 20.0 metres for lots with depths greater than 40.0 metres • a maximum front yard setback of 35.7 metres, whereas the By-law requires a maximum front yard setback of 22.9 metres The applicant requests approval of these applications to sever the property resulting in a total of two lots and to construct two detached dwellings. -48- Report P/CA 56/23 & P/CA 57/23 December 13, 2023 Page 2 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 these applications, the following condition is recommended: 1. That the variances to permit the detached dwellings apply only to the proposed detached dwellings, as generally sited and outlined on the applicant’s submitted plans (refer to Exhibits 2, 3, 4, 5, 6 & 7). Background Open Building Permit Application In 2022, the City issued a Demolition Permit for the demolition of a one-storey dwelling, which was damaged due to a fire incident. In 2023, the owner applied for Land Severance, as well as submitted a Building Permit application for the first dwelling proposed for Part 2 (refer to Exhibit 2). Through the review of the Building Permit application, City staff identified that the proposed dwelling does not comply with the recently in-force and effect Infill Zoning By-laws 7874/21 & 7902/22. The requested variances are intended to permit a detached dwelling and will enable the applicant to proceed with the issuance of the building permit application. Land Severance Application LD 001/2023 Land Division Application LD 001/2023 was conditionally approved by the Durham Region Land Division Committee to permit a severance of the subject property, resulting in a total of two lots along Pine Grove Avenue (refer to Exhibit 2). As a condition of approval, the applicant must ensure any zoning non-compliances resulting from the proposed severances be brought into compliance through applications for minor variances. The proposed lots comply with the Zoning By-law 3036 requirements for lot area and lot frontage, respectively with lot frontages of 15.24 metres and a total lot area of 1540 square metres. Highbush Established Neighbourhood Precinct The Infill By-law establishes a set of zoning provisions to help maintain the existing character of the surrounding area introducing new provisions for yard setbacks, building height, dwelling depth, lot coverage and other zoning standards. On September 5, 2023, the Ontario Land Tribunal (OLT) issued its Decision dismissing appeals of the Infill By-law and ordering the Infill By-law to be in force and in full effect. The applicant has reviewed and provided 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. -49- Report P/CA 56/23 & P/CA 57/23 December 13, 2023 Page 3 Comment Conforms to the Intent of the Official Plan The subject property is designated Urban Residential Areas – Low Density Area within the Highbush Neighbourhood. This designation primarily provides for residential uses. The Official Plan policies encourage new development along Pine Grove Avenue to be compatible with the character of existing development and to preserve existing vegetation. Conforms to the Intent of the Zoning By-law The subject property is zoned “R4” – Third Density Residential Zone by Zoning By-law 3036, as amended by By-laws 7874/21 & By-law 7902/22. Interpreting the Infill By-law The purpose and intention of the Infill By-law is to consider existing adjacent development to ensure that future development is consistent and generally maintains the existing neighbourhood character. The existing dwelling at 1861 Pine Grove Avenue, the neighbouring lot to the north, has a minimum front yard setback of 7.6 metres complying with the provisions of Zoning By-law 3036. The Infill By-law’s front yard setback provisions require the front yard setback requirement for 1861 Pine Grove Avenue be applied to the proposed dwellings at 1855 Pine Grove Avenue. It is noted that the placement of the proposed dwellings for 1855 Pine Grove Avenue (both Parts 1 & 2) are generally consistent with the front yard setbacks of the existing dwellings on the immediately adjacent properties to the south and along the east side of Pine Grove Avenue. Maximum Front Yard Setback (Infill By-law 7874/21) (Parts 1 & 2) The intent of the maximum front yard setback requirement of the Infill By-law is to ensure that adequate separation is provided between a dwelling and street activity, a sufficient landscaped area is maintained between a dwelling and the adjacent streets, and that an appropriate setback is provided to maintain a consistent streetscape. The applicant has requested an increase in the maximum front yard setback to 35.7 metres for the proposed dwelling identified on Part 1, and 38.2 metres for the proposed dwelling identified on Part 2. Under the Infill By-law, the maximum front yard setback is determined by taking an average of the two adjacent front yard setbacks plus 1.0 metre. The existing front yard setback of the adjacent lot to the north, 1861 Pine Grove Avenue, is 7.6 metres, and the front yard setback of the adjacent lot to the south, 1853 Pine Grove Avenue, is 36.0 metres. Therefore, the permitted maximum front yard setback for 1855 Pine Grove Avenue is 22.9 metres. The dwellings proposed for Parts 1 and 2 of 1855 Pine Grove Avenue are proposed to be situated at a setback consistent with the adjacent dwellings to the south. Adequate separation is being maintained from the front property line to the building. The proposed dwellings are unable to meet the required maximum front yard setback of 22.9 metres due to the existing dwelling to north’s proximity to the street, which is less in keeping with the general character of the immediately adjacent lots along Pine Grove Avenue. Staff is of the opinion that the requested variances meet the general intent and purpose of the Zoning By-law. -50- Report P/CA 56/23 & P/CA 57/23 December 13, 2023 Page 4 Dwelling Height (Infill Height By-law 7902/22) (Parts 1 & 2) The intent of the Zoning by-law requirement for a maximum building height of 9.0 metres is to minimize the visual impact of new buildings on the existing streetscape and to ensure that new development is compatible with the surrounding residential neighbourhood. The existing height and built form along Pine Grove Avenue varies from one-storey to two-storey residential dwellings with heights of 6.0 metres to 12.0 metres. The proposed dwellings are setback considerably from the street line and maintain appropriate side yard setbacks. The requested increase in height of 9.2 metres for Part 1 and 9.3 metres for Part 2 will not alter the character of the neighbourhood and will not have a negative impact on the existing streetscape. Dwelling Depth (Infill By-law 7874/21) (Parts 1 & 2) The intent of the maximum dwelling depth of 20.0 metres is to provide for consistent placement of rear walls on neighbouring properties, and to reduce potential shadowing, massing, and privacy impacts on adjacent dwellings and rear yards. Dwelling depth is measured from the minimum front yard setback to the rear wall of a dwelling. The minimum front yard setback for 1855 Pine Grove Avenue is 7.6 metres, which is determined by the existing setback of the neighbouring property to the north (1861 Pine Grove Avenue). Therefore, the dwelling depth is measured from the minimum front yard setback requirement of 7.6 metres to the rear of the wall for both Parts 1 and 2 of 1855 Pine Grove Avenue. However, the actual dwelling depth from front wall to rear wall for the proposed dwellings are proposed to both be 22.5 metres. In addition, the siting of the rear walls of the proposed dwellings for 1855 Pine Grove Avenue are proposed to be consistent with the siting of the rear walls of the existing dwellings on the adjacent neighbouring properties at 1861 and 1853 Pine Grove Avenue. The proposed dwelling has been designed to mitigate potential massing and privacy impact of an increased dwelling depth as calculated according to zoning provisions on the property to the north. The proposed dwelling depths for both Parts 1 and 2 of 1855 Pine Grove Avenue will have minimal privacy impacts and will not have shadow impacts on the adjacent properties, as the proposed rear wall is generally aligned with the adjacent existing dwellings. Desirable for the Appropriate Development of the Land and Minor in Nature The scope of the proposed development includes severing the existing lot for one additional lot and constructing a detached dwelling on both Parts 1 and 2 of 1855 Pine Grove Avenue. The proposed design of the dwellings will be consistent with the surrounding neighbourhood. Staff is of the opinion that facilitating the infill development for a residential lot along Pine Grove Avenue will maintain the existing character of the community and is desirable for the appropriate development of the land and is minor in nature. Input From Other Sources Applicant • The neighbour to the north has constructed a 4-car garage that sits close the front property line, making it difficult to match existing setbacks. -51- Report P/CA 56/23 & P/CA 57/23 December 13, 2023 Page 5 Engineering Services • Ensure the increased dwelling depth and increased front 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, permeable pavers, and 450mm topsoil) will be required at the Building Permit stage. Building Services • No comments on this application. Public Input • No written submissions were received from the public as of the date of writing this report. Date of report: December 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 56-23 & PCA 57-23\7. Report Attachments -52- 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) 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) The proposed dwelling height is two storeys and the roof of the proposed dwellings has been designed with appropriate transition of height to mitigate impacts on adjacent neighbours. X 3. Is the maximum elevation of the Front Entrance 1.2 metres, or less, above grade? (see Section 2.2: Guideline 1) The proposed entrances are designed at grade. X 4. Is the main entrance visible from the street? (see Section 2.2: Guideline 2) Yes. X 5. Are the stairs to the main entrance designed as an integral component of the front façade? (Section 2.2: Guideline 7) The main entrance is visible and prominent from at the front façade. X 6. Does the design of the front entrance reduce the visual dominance of the garage and driveway? (see Section 2.2: Guideline 9) The front entrance is prominent from the streetscape with the front entrance flush the main front wall of the dwelling. The porch compliments the front main wall of the 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) The dwelling depth is appropriately scaled to the lot and mitigates impacts on adjacent neighbours. -53- 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 proposed dwellings comply with the minimum side yard setback requirements X 9. Has shadow on adjacent dwellings been mitigated with greater Side Yard Setbacks? (Section 3.1: Guideline 2) X 10. Is the garage flush or recessed from the main front wall? (see Section 3.2: Guideline 5) The proposed garages project about 2 metres from the main front wall. X 11. Is the proposed driveway width the same as the permitted garage width? (see Section 3.3: Guideline 1) The driveway is not wider than the proposed width of the garage. X 12. Does the plan preserve existing trees? (see Section 4.1: Guideline 1) -54- P ine Grove A venue Va l l e y R i d g e C r e s c e n t Copley Street Thicket Crescent Secord Street Sandhurst Cres c ent Sa n d c h e r r y C o u r t Wo o d v i e w A v e n u e Ro c k w o o d D r i v e Prohill Street Rouge F o r e s t C r e s c e n t Pinegrove Park Location MapFile:Applicant:Municipal Address: P/CA 56/23 & P/CA 57/23 Date: Nov. 16, 2023 Exhibit 1 ¯ E S. Southwick 1855 Pine Grove Avenue Hydro Lands SubjectLands L:\PLANNING\01-MapFiles\PCA\2023\PCA 56-23 to PCA 57-23\PCA56&57-23_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 -55- Ex h i b i t 2   Su b m i t t e d S e v e r a n c e P l a n Fi l e N o s . : P / C A 5 6 / 2 3 & P / C A 5 7 / 2 3 Ap p l i c a n t : S . S o u t h w i c k Mu n i c i p a l A d d r e s s : 1 8 5 5 P i n e G r o v e A v e n u e (P a r t s 1 a n d 2 ) 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 : N o v e m b e r 2 3 , 2 0 2 3   P/ C A 5 7 / 2 3 ( 1 8 5 5 P i n e Gr o v e A v e n u e ) P/ C A 5 6 / 2 3 (1 8 5 5 P i n e Gr o v e A v e n u e ) 18 6 1 P i n e G r o v e A v e n u e 18 5 3 P i n e G r o v e A v e n u e -56- Ex h i b i t 3 Su b m i t t e d Si t e P l a n ( P a r t 1 a n d 2 ) Fi l e N o s. : P/ C A 56 / 2 3 an d P / C A 5 7 / 2 3 Ap p l i c a n t : S. S o u t h w i c k Mu n i c i p a l A d d r e s s : 18 5 5 P i n e G r o v e A v e n u e ( P a r t 1 a n d 2) 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 : No v e m b e r 2 3 , 2 0 2 3 Pine Grove Avenue Pr o p o s e d D w e l l i n g Pr o p o s e d D w e l l i n g to p e r m i t a m a x i m u m dw e l l i n g h e i g h t o f 9. 3 me t r e s to p e r m i t a m a x i m u m d w e l l i n g de p t h o f 5 1 . 0 m e t r e s f o r a l o t w i t h lo t d e p t h g r e a t e r t h a n 4 0 . 0 m e t r e s to p e r m i t a m a x i m u m f r o n t y a r d se t b a c k o f 3 8 . 2 m e t r e s to p e r m i t a m a x i m u m dw e l l i n g h e i g h t o f 9. 2 me t r e s to p e r m i t a m a x i m u m d w e l l i n g de p t h o f 48 . 5 me t r e s f o r a l o t w i t h lo t d e p t h g r e a t e r t h a n 4 0 . 0 m e t r e s to p e r m i t a m a x i m u m f r o n t y a r d se t b a c k o f 3 5. 7 me t r e s Pa r t 1 Pa r t 2 -57- Ex h i b i t 4 Su b m i t t e d Fr o n t E l e v a t i o n s Fi l e N o s. : P/ C A 56 / 2 3 & P / C A 5 7 / 2 3 Ap p l i c a n t : S. S o u t h w i c k Mu n i c i p a l A d d r e s s : 18 5 5 P i n e G r o v e A v e n u e ( P a r t 1 a n d 2 ) 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 : No v e m b e r 2 3 , 2 0 2 3 P/ C A 5 7 / 2 3 – Pa r t 1 P/ C A 5 6/2 3 – Pa r t 2 -58- Ex h i b i t 5 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 os. : P /C A 56 / 23 & P /C A 5 7/ 2 3 Ap p l i c a n t : S. S o u t h w i c k Mu n i c i p a l A d d r e s s : 18 5 5 P i n e G r o v e A v e n u e ( P a r t 1 a n d 2 ) 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 : No v e m b e r 2 3 , 2 0 2 3 P/ C A 5 7 / 2 3 – Pa r t 1 P/ C A 5 6/2 3 – Pa r t 2 -59- Ex h i b i t 6 Su b m i t t e d Re a r El e v a t i o n s Fi l e N o s. : P/ C A 56 / 2 3 & P / C A 5 7 / 2 3 Ap p l i c a n t : S. S o u t h w i c k Mu n i c i p a l A d d r e s s : 18 5 5 P i n e G r o v e A v e n u e ( P a r t 1 a n d 2 ) 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 : No v e m b e r 2 3 , 2 0 2 3 P/ C A 5 7 / 2 3 – Pa r t 1 P/ C A 5 6/2 3 – Pa r t 2 -60- Ex h i b i t 7 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 s. : P/ C A 56 / 2 3 & P / C A 5 7 / 2 3 Ap p l i c a n t : S. S o u t h w i c k Mu n i c i p a l A d d r e s s : 18 5 5 P i n e G r o v e A v e n u e ( P a r t 1 a n d 2 ) 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 : No v e m b e r 2 3 , 2 0 2 3 P/ C A 5 7 / 2 3 – Pa r t 1 P/ C A 5 6/2 3 – Pa r t 2 -61- pickering.ca Committee of Adjustment Tentative Hearing Schedule for 2024 Hearing Date (Wednesday) Last Day for Filing (Tuesday) Sign Posting Due Date (Wednesday) Last Day to Appeal Committee’s Decision (Tuesday) January 10 December 5, 2023 December 20, 2023 January 30 February 14 January 16 January 31 March 5 March 13 February 13 February 28 April 2 April 10 March 12 March 27 April 30 May 8 April 9 April 24 May 28 June 12 May 14 May 29 July 2 July 10 June 11 June 26 July 30 August 14 July 16 July 31 September 3 September 11 August 13 August 28 October 1 October 9 September 10 September 25 October 29 November 13 October 15 October 30 December 3 December 11 November 12 November 27 December 31 -62-