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Home My WebLink AboutPSD-041-06 C[~.n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday April 10, 2006 Report #: PSO-041-06 File #: A2006-0005, A2006-0006 By-law #: A2006-0007, and A2006-0008 GP fl . J h:::;-O h MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 30, 2006 Subject: RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PS 0-041-06 be received; 2. THAT Council concurs with the decision of the Committee of Adjustment made on March 30, 2006 for applications A2006-0005, A2006-0006, and A2006-0008, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 30, 2006 for A2006-0007, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendation. Submitted by: o vi ~. Crome, MCIP, R.P.P. Director of Planning Services Reviewed bY:cJ ~-~ Franklin Wu, Chief Administrative Officer BR*CP*FL *sh CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-041-06 PAGE 2 1.0 APPLICATION DETAILS 1.1 All applications received by the Municipality for minor variance are scheduled for a hearing within 30 days of being received by the Secretary-Treasurer. The purpose of the minor variance application and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. Application Number Staff Recommendation Decision of Committee A2006-0005 Table Tabled A2006-0006 Approve Approved A2006-0007 Approve with Modifications Approved A2006-0008 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR March 30, 2006 2.0 COMMENTS 2.1 Application A2006-0005 is an application to permit the construction of an apartment building by the Kaitlin Group in the Port of Newcastle The application requested increasing the maximum permitted height from 12 metres to 13.6 metres, by increasing the maximum density permitted from 80 units to 152 units per hectare, and by decreasing the required exterior side yard setback from 3 metres to 2 metres. Staff has identified some general concerns regarding the application, and feel the application is premature at this time. Staff recommended that the application be tabled by the Committee of Adjustment for a period of not more than one year to provide adequate time for the applicant to submit an application for site plan approval for the apartment building and to receive detailed comments from all agencies. Committee heard the comments of a resident in opposition to the application and agreed with Staff's recommendation to table the application. 2.2 Application A2006-0007 was an application to permit a deck by reducing the interior side yard setback from 1.2 m to 0.21 m and to permit an accessory building (shed) by reducing the interior side yard and rear yard setbacks from 1.2 m to 0.55 m and 0.8 m respectively. Staff recommended that the requested reduction of the interior and rear yard setbacks for the accessory building be approved as applied for. Staff did not support the reduction of the interior side yard setback for the deck as the requested reduction did not appear to provide adequate space to maintain the deck. Three of the five Committee members voted to approve the application as requested. 2.3 Applications A2006-0006 and A2006-0008 were approved as applied for. Staff's recommendation was to approve the application as applied for. REPORT NO.: PSD-041-06 PAGE 3 2.4 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0006 and A2006-0008 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Staff has reviewed the Committee's decision to table application A2006-0005 and are also satisfied with the decision that the application is premature and should be tabled. Council's concurrence with the decisions of the Committee of Adjustment is required in order to afford Staff's official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 2.5 In the case of the decision of Committee for A2006-0007, as described in Section 2.2, Staff does not support the decision of the Committee of Adjustment, and recommend that the General Purpose and Administration Committee recommend to Council that the decision be accepted, as an appeal by the Municipality is not warranted for reasons of cost and demand on Staff resources. However, should an appeal be lodged, Staff would request that Council authorize Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated March 30, 2006. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment ATTACHMENT 1 TO REPORT PSD-041-06 ClfJ!il]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KELVIN WHALEN. CCCC DURHAM WEST LTD. PROPERTY LOCATION: 65 SHIPWAY AVENUE, NEWCASTLE VILLAGE PART LOT 28 & 29BF, CONCESSION FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2006-0005 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN APT BUILDING BY INCREASING MAX HEIGHT FROM 12M TO 13.6M, BY INCREASING MAX DENSITY FROM 80 UNITS TO 152 UNITS PER HA & BY DECREASING EXTERIOR SIDE YARD SETBACK FROM 3M TO 2M. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR A PERIOD OF NOT MORE THAN ONE (1) YEAR. DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 CllJ!pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MARK FOLEY DEVON DOWNS DEVELOPMENT LIMITED PROPERTY LOCATION: 80 BRADSHAW STREET, BOWMANVILLE PART LOT 92, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0006 FILE NO.: PURPOSE: TO PERMIT THE DEVELOPMENT OF A LOT FOR ONE SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM INTERIOR LOT FRONTAGE REQUIRED FROM 12.0 METRES TO 10.6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 C[~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GUDRUN STENDER BRUNO STENDER PROPERTY LOCATION: 50 MEADOWVIEW BOULEVARD, BOWMANVILLE PART LOT 122, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0007 FILE NO.: PURPOSE: TO PERMIT A DECK BY REDUCING THE INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.21 M AND TO PERMIT AN ACCESSORY BUILDING (SHED) BY REDUCING THE INTERIOR SIDE YARD AND REAR YARD SETBACKS FROM 1.2 M TO 0.55 M AND 0.8 M RESPECTIVELY. DECISION OF COMMITTEE: TO PERMIT AN EXISTING ACCESSORY STRUCTURE BY REDUCING THE INTERIOR SIDE YARD AND REAR YARD SETBACK FROM 1.2 METRES TO 0.55 METRES AND 0.8 METRES RESPECTIVELY AND TO PERMIT THE EXISTING DECK WITH AN INTERIOR SIDE YARD SETBACK OF 0.21 METRES AS IT IS MINOR IN NATURE, DESIRABLE & IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006 ClfJ!il]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RAY DALLAS RAY DALLAS PROPERTY LOCATION: 2448 CONCESSION RO 4, DARLINGTON PART LOT 154, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0008 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM SEPARATION DISTANCE FROM AN EXISTING LIVESTOCK FACILITY FROM 300 METRES TO 230 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: March 30, 2006 LAST DAY OF APPEAL: April 19, 2006