Committee of Adjustment Hearing Date: October 4, 2016

Committee of Adjustment Hearing Date: October 4, 2016 Staff Comments Regarding: Files A28/16, A34/16, A35/16, B13/16, B14/16, B15/16 A28/16 545 The Queensway - Kevin M. Duguay/SBLAC Peterborough Inc. The applicant is proposing to develop the lands for a 1997m 2 retail store and a 452m 2 restaurant and is proposing the following variances: i. Reduce the minimum building setback from Cameron Place street line from 6m to 1.3m; ii. Reduce the minimum building setback from The Parkway centreline from 45m to 33.5m; iii. Reduce the minimum required parking for the proposed retail use (Princess Auto) from 1 parking space per 18m 2 to 1 parking space per 20m 2 of floor area; iv. Reduce the requirement for a Type A Loading Space for Building B (restaurant) to one Type B Loading Space; v. Increase the maximum size of an accessory structure from 15m 2 to 20m 2 for the proposed garbage enclosure; and vi. Reduce the minimum width of landscaping along the southerly interior side lot adjacent to the Costco lands from 1.5m to 1.39m The subject property is located at the intersection of The Queensway and The Parkway and is currently undeveloped. The property was formerly used for industrial purposes (Crawford Metals) and was redesignated and rezoned in 2014, together with the lands to the east (known as 620 Cameron Place) in anticipation of service commercial development of the northerly portion of the property. The southerly portion of the lands are located within the flood plain of Byersville Creek and therefore, the locations of the proposed buildings on the property are restricted to the northerly portion. The applicant has recently filed an application for Site Plan Approval to implement the commercial zoning of the lands and is now seeking to refine the zoning to better suit the existing lot, now limited to 545 The Queensway. The Site Plan (attached as Exhibit A ) illustrates two buildings that will support a restaurant (Shoeless Joes) and a retail use (Princess Auto), together with parking, driveways, landscaping and garbage enclosures (detail attached as Exhibit B ). The Official Plan contemplates Service Commercial uses such as service-oriented commercial activities, particularly hospitality and automotive services, personal services

2 and retail commercial activities requiring large sites to accommodate extensive open or enclosed display or storage areas as noted in Section 4.3.6.2 of the Official Plan. The form of new development contemplated within the Service Commercial designation includes free standing facilities or small scale commercial centers with adequate landscaping and parking and the integration of parking and access points with abutting uses. The implementing Zoning of the portion of the property outside of the floodplain is SP.268-286(F) H and permits the proposed uses. Removal of the H Holding symbol is subject to Site plan Approval being granted for the subject property. The southerly portion of the lands are located within the floodplain and are zoned OS.1-271, permitting the proposed parking, subject to approval from Otonabee Conservation Authority and Site Plan Approval. The property is subject to Ontario Regulation 167/06, ORCA s regulation of development interference with wetlands and alterations to shorelines and watercourses. A permit is required from ORCA prior to any fill placement, grade alterations or construction taking place. The relief proposed to facilitate the development requires a variance from several regulations associated with the placement of the building in relation to street lines together with a small reduction in the total number of parking spaces and the type of loading spaces to be provided on site. The easterly property line as depicted on the concept site plan is illustrated as a straight line, however, our records show that the property line jogs to the west adjacent to the proposed location of Building A on Exhibit A. A transfer of at least a portion of the right-of-way will be required to address this or the proposed building location prior to Site Plan Approval. The variance, if granted, would apply from the property line regardless of it's location. The proposed setback from the centreline of The Parkway is consistent with the 33.5m required setback from the centreline of The Parkway, for properties north of The Queensway and will provide adequate sight lines for traffic exiting the property and for motorists travelling northbound on The Parkway, entering the turning lane onto The Queensway. It also will provide sufficient room for landscaping and patio space. Locating the building closer to Cameron Place is compatible with the function of Cameron Place as a lower order road, acting much like a private driveway within a commercial property and supports the future interconnectivity of this property with the lands to the east. Utility Services has expressed concern however, with the amount of requested reduction of the setback from 6m to 1.3m being too close to facilitate building construction, maintenance and activity without impacting the right of way. Planning Staff have conferred with Utility Services Staff and recommend that a lesser variance of 3m will be appropriate to address these concerns. It is anticipated that the proposed building location and some parking will be slightly impacted by the 1.7m shift of the building on the concept site plan. The alternative for the applicant is to purchase the right of way for Cameron Place and incorporate it into the site. Easements for servicing would be required and access provided for 620 Cameron Place.

3 The reduction in the total number of parking spaces and the type of loading spaces are minor and consistent with the parking ratio typically applied to commercial plazas with multiple small scale commercial uses. The reduced ratio applies to the retail component and represents a net reduction of 10 parking spaces. A total of 160 spaces are illustrated on the site plan. The loading space will accommodate smaller delivery vehicles (cube vans) consistent with those that would service a restaurant use and will economize the amount of hard surface and parking opportunities on site. The proposed variance to allow a larger garbage enclosure will enable the proper screening of the garbage bins adjacent to the driveway entrance and the proposed restaurant. In summary, the proposed variances will support a site layout that is functional and appropriate and meets the tests of a Minor Variance as set out in Section 45(1) of the Planning Act, R.S.O, 1990, c.p.13. Staff recommends that the Committee grant the variances as described, save and except the building setback from Cameron Place which is recommended to be reduced from 6m to 3m for the proposed building to facilitate building construction and maintenance on private property, and subject to the payment of any applicable Parks Levy as assessed by the City s Parks Levy Committee. A34/16 377 Mark Street Bill Lett, Lett Architects Inc. The subject property is currently vacant and the applicant is proposing to construct a single unit dwelling with reduced setbacks from the lot lines. A variance is requested to reduce the minimum required setbacks from the north, west and south lot lines from 7.6m to 1.5m and reduce the minimum required setback from the easterly lot line from 7.6m to 4.6m. Given the unique configuration of the lot, the lot has 5 rear lot lines and 2 side lot lines. The rear lot lines do not intersect with the street line at Mark Street and are nontraditional. A former single storey brick dwelling occupied the property and was situated within 0.89m from the most westerly lot line. A permit to demolish the building was issued in 2014 and the site is currently vacant. According to data from Otonabee Conservation, a small portion in the northwest corner of the subject property is traversed by the spill area/floodplain for Curtis Creek. ORCA does not object to the application and is satisfied that a permit can for the proposed location of the new dwelling as illustrated on Exhibit C, and subject to appropriate grading around the structure with flood proofing standards to minimize the risk of flooding. The applicant proposes to develop the property to support a single storey dwelling with a footprint of 369 m 2 (3975 ft 2 ) including an attached garage, with a coverage of 24% of the lot area. The proposed dwelling is intended to be situated on the westerly portion of the lands, extending along the westerly lot line. Due to the lot configuration and the Rights of Way over the lot, this is the only area that can reasonably accommodate a dwelling.

4 The property is zoned R.1,R.2,R.3, permitting multiple unit residential dwellings. The property is located between Immaculate Conception School and dwelling units that front onto Mark Street. It has driveway access from Mark Street and the property is encumbered by Rights of Way along the driveway and adjacent to the rear yards of the dwellings fronting onto Mark Street (see survey attached as Exhibit D ). The proposed dwelling location respects the existing Rights of Way. The proposed dwelling supports a double car garage with room for additional parking along the northerly lot line. Based on the Concept Ground Floor Plan attached as Exhibit C to this report, all vehicle movement will be limited to the driveway and the northerly portion of the lands. The easterly wall of the garage and a covered patio will extend to 4.6m from the easterly lot line shared with the residential rear lot lines of the lots fronting onto Mark Street whereas it is proposed that the internal living space maintain a greater setback. The proposed building envelope extends to 1.5m from the southerly rear lot line where it is situated adjacent the westerly 22.5m (74 ft) rear yard of the 69.62m (228 ft.) deep lot at 365 Mark Street. The proposed use for a single unit dwelling is in keeping with the Official Plan and Zoning By-law, and is largely consistent with the R.1 Zoning District regulations that apply to the property. The proposed layout respects the unique configuration of the lot and respects the neighbouring properties by its placement closer to the westerly lot line adjacent to the school property. Lot grading will be addressed at Building Permit stage to ensure no adverse effects on neighbouring properties as a result of the development of the lands. Staff recommends that the Committee grant the variances as described, subject to the satisfaction of ORCA at the Building Permit stage with regard to lot grading and flood proofing standards. A35/16 11 Crestwood Avenue Glenn St.Denis/Mike and Ruth Finan The applicant is proposing a variance to permit a one storey frame addition to the east side of the existing dwelling and proposes to reduce the minimum required side yard setback from 3m to 1.3m and reduce the minimum required rear yard setback from 12m to 10m. The property is located within the Kawartha Heights Subdivision and zoned R.1,1h,2h,8d,10d,13d requiring larger lot sizes and greater setbacks than what is typically required for the R.1 Residential Zoning District. The subject property has an irregular shape whereby it narrows slightly at the street (Crestwood Avenue). The proposed addition is situated on the east side of the property (as shown on Exhibit E ) and at it s closest point, will be a minimum of 1.3m to the easterly side lot line. Due to the configuration of the property, the addition steps back from the property line to 1.54m at approximately the midpoint and to 3.56m at the rear of the addition. The rear yard setback is slightly deficient at the northeast corner of the addition, reduced to 10.12m also due to the angle of the rear lot line. The applicant has provided proposed elevations for the addition (Exhibit F ) and has explained that the location of the addition was chosen to facilitate blending of the rooflines of the house and the addition. The extension of house to the rear yard on the east side allows

5 the design to create a roof valley and provides a proper connection at the foundation of the existing home to extend utilities to the addition as well as re-inforcing the modified foundation wall. The proposed addition is in keeping with the character of the existing dwelling and the neighbourhood. It has the effect of increasing the size of the dwelling while providing adequate room for maintenance on the side wall. The proposed easterly wall steps back into the rear yard providing a more pleasing elevation from the adjacent property at 13 Ridgewood Road with limited openings. Staff recommends that the Committee grant the variances as described, subject to the approval of a lot grading plan and subject to the connection of the existing foundation drainage to the storm sewer system. B13/16, B14/16 and B15/16-147 $ 151 Park Place and 461 Paterson Street - Keith and Christa Payne The applicant is proposing to sever the southerly 10.18 metres of the recently created parcel known as 461 Paterson Street and the westerly 18.29 metres of each of the properties known as 151 and 147 Park Place. These parcels are to be merged to create a new lot for future development of a two unit dwelling with frontage on Wolfe Street (see Exhibit G ). The subject lands are zoned R.1,R.2 in the City s Comprehensive Zoning By-Law and the proposed new lot will comply with the minimum standards under the R.2 Residential District zoning regulations, supporting the potential use and development of two residential units. The retained parcel at 461 Paterson Street will continue to comply with the R.2 Residential District and have sufficient lot width, lot depth and lot area to support up to 2 dwelling units while the retained parcels at 147 and 151 Park Place will meet the R.1 Residential District regulations, permitting one unit on each lot. The City s Official Plan contemplates infill and intensification subject to criteria related to servicing, availability of parks and schools and compatability with the neighbourhood. In addition, the proposed intensification meets the intention of the Growth Plan regarding intensification and zoning of the subject properties. Full municipal servicing is available to support the development of the lands and the developer will be responsible for payment of all applicable development charges and connections. Section 5.4.2 of the Official Plan identifies the instances where road widening is expected as a condition of approval of a planning application. The City also has the ability to require conveyance of road widening via the provisions of the Planning Act, R.S.O. 1990, c.p.13 where appropriate and reasonable. Road widening and conveyance of a daylighting triangle are not identified by Table 2 of the Official Plan, and is not recommended by Planning Staff in this instance. It is noted that the Committee of Adjustment did not require road widening as a condition of approval for the recently created parcel at 461 Paterson Street.

6 Staff recommend the Committee grant the consents as described subject to the following conditions: 1. That the applicant submit a draft reference plan showing the subject land to the Secretary-Treasurer for review and approval. Upon approval the applicant shall submit two copies of the deposited reference plan. 2. That the applicant provide the Secretary-Treasurer with a draft of the Transfer/Deed of Land. 3. That the properties to be severed be merged to create a new lot fronting Wolfe Street, such that these three parcels shall be considered as one lot and shall not be dealt with separately, Section 50 (3) or 50 (5) shall apply to any subsequent conveyance of or transaction involving the parcel of land that is the subject of these consents. 4. That the applicant pay any applicable Parks Levy as assessed by the City s Parks Levy Committee. 5. That if the above conditions are not satisfied within 365 days of the Committee s decision that this consent will lapse. (Sgd.) Caroline Kimble, MCIP, RPP, Land Use Planner (Sgd.) Dean Findlay, C.Tech., CBCO, Chief Building Official

1 A-101 SITE PLAN SCALE: 1:300 11 A-102 11 A-102 A-102 A-102 12 A-102 11 A-102 NO. DATE REVISIONS BY DRAWING ISSUE DATE PARTICULARS BY Issued for Design Approval 3.14.16 Issued for Site Plan Approval E.T. Issued for Pricing and Budgeting Issued for Building Permit Issued for Tendering Issued for Construction Issued for Record Set of Dwgs. PROJECT PROPOSED COMMERCIAL DEVELOPMENT 545 QUEENSWAY PETERBOROUGH, ONTARIO DRAWING NAME SITE PLAN CITY FILE # SCALE DATE OF PROJECT NO. DWG. 1:300 SEP.13,2016 15023 DRAWN BY DWL/JIM/RA CHKD BY SHEET NO. A-101 RDG 2 1 CONSTRUCTION NORTH EXHIBIT A - Page 1 of 1 LAST PLOTTING DATE: SEP.13,2016 KEY MAP N.T.S. This drawing, as an instrument of service, is provided by and is the property of Venchiarutti Gagliardi Architect Inc. The contractor must verify and accept responsibility for all dimensions and conditions on site and must notify Venchiarutti Gagliardi Architect Inc. of any variations from the supplied information. Venchiarutti Gagliardi Architect Inc. is not responsible for the accuracy of survey, structural, mechanical, electrical, etc, engineering information shown on this drawing. Refer to the appropriate engineering drawings before proceeding with the work. Construction must conform to all applicable codes and requirements of authorities having jurisdiction. This drawing is not to be scaled. Venchiarutti Gagliardi Architect Inc. is not responsible for any environmental conditions, geotechnical conditions or any pollutants found on site All architectural symbols indicated are graphic representations only. This drawing is not to be used for construction purposes until the architectural seal is signed by the Architect of Record ACTUAL SCHEME '44' W:/15023-545 Queensway (Peterborough)/2. Drawings/2.5.1. Architectural /SPA/Site Plan/2016/09.13.16

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EXHIBIT E - Page 1 of 1 N 70 05' E 98.75' (30.108m) PART 4 N 70 05' E 98.08' (29.908m) 4.08' (1.243 m) 43.96' 13.40m 29.30' (8.93m) 33.22' (10.12m) 11.68' 3.56m 27.93' 8.51m N 40 00' 40" W 173.94' (51.734m) 12.45' 3.82m Garage One Storey Residence One Storey Addition 5.05' 1.54m N 15.83' 4.82m 67.71' 20.66m Existing Asphalt Driveway LOT 39 PLAN No. 90Q 73.61' 22.44m 19.98' 6.09m 143.80' (43.840 m) N 31 06' W 147.87' (45.003m) 4.45' 1.36m Lot 39 Plan No 90Q City of Peterborough County of Peterborough Lot Area - 1,198.0 m2 Exist House Area - 128.6 m2 Addition Area - 66.4 m2 total - 195 m2 Lot Coverage - 16.2% N 54 57' E 69.98' (21.336m) C R E S T W O O D A V E SITE PLAN SCALE: 1:250 KAVAN residential design

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