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HomeMy WebLinkAboutPSD-055-06 ~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday May 8,2006 Report #: PSD-055-06 File #: A2006-0009, A2006-001 0 A2006-0011, A2006-0012 And A2006-0013 By-law #: c; ,':),0 - i~' Y' 0 f.o Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 20, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-055-06 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on April 20, 2006 for applications A2006-0009, to A2006-0013 inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: a' J. Crome, MCIP, R.P.P. Director of Planning Services Reviewed bYO ~~ Franklin Wu, Chief Administrative Officer BR*CP*DJC*sh April 26, 2006 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-055-06 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. IPrI , Application Number Staff Recommendation Decision of Committee A2006-0009 Approve with Modifications Approved with Modifications A2006-00 10 Approve with Modifications Approved with Modifications A2006-0011 Approve with Modifications Approved with Modifications A2006-00 12 Approve with Modifications Approved with Modifications A2006-00 13 Approve with Modifications Approved with Modifications DECISIONS OF COMMITTEE OF ADJUSTMENT FOR A '120 2006 2.0 COMMENTS 2.1 Application A2006-0009 was an application to permit a deck with an interior side yard setback of 0.152 metres. Staff was concerned that drainage and maintenance would be an issue due to the close proximity of the deck to the property line, however, the design of the deck permits maintenance through openings in the structure, and the deck's affect on drainage is mitigated by the steep grade of the property. Staff recommended approval of the application with the condition that the property owner attain a building permit for the deck, as well as the appropriate permits from Central Lake Ontario Conservation as the site is within a regulated area. Committee approved the application as recommended by Staff. 2.2 Application A2006-0010 was a request to permit the construction of an accessory building by increasing the total lot coverage from 40% to 52% of the main building floor area and by reducing the exterior side yard setback from 6 metres to 3.75 metres. The owner indicated that a small existing accessory would be removed to facilitate the construction of the new accessory building. Staff recommended the application be approved with a condition that the existing accessory building be removed prior to the issuance of a building permit for the new accessory building. Committee agreed with Staff's recommendation and approved the application as recommended by Staff. 2.3 Application A2006-0011 was a request to permit the construction of an accessory building by increasing the total lot coverage from 40% to 43% of the main building. The applicant indicated that the proposed accessory building would be located a significant distance from the home. Staff was concerned that a separate street entrance being granted for the accessory building would result in the building no longer being REPORT NO.: PSD-055-06 PAGE 3 accessory to the dwelling. Staff therefore recommended a condition that no additional street entrance permits be issues for the site. The applicant also indicated that an existing accessory building would be removed to facilitate the construction of the proposed accessory building, so a condition requiring the removal of the existing accessory building was included in the decision. The Committee also required a building permit to be obtained prior to construction, as well as approval from Central Lake Ontario Conservation. The application was approved by the Committee with the above conditions. 2.4 Application A2006-0012 was an application to increase the lot coverage for an accessory building by increasing the lot coverage from 40% to 47% of the main building. The applicant indicated that an existing accessory building would be kept until the proposed accessory building was complete, and then removed. Staff recommended a 6 month period to facilitate the completion of the proposed building and removal of the existing building. In addition, Staff requested a condition that the internal drive from the road allowance have a minimum setback of 1.2 metres from the property line, and that no alterations to the driveway within the road allowance occur without approval from the Engineering Services and Operations Departments. Committee approved the application as recommended. 2.5 Application A2006-0013 was an application to permit the construction of an accessory building by increasing the lot coverage from 40% to 50% of the main building. Staff recommended that the application be approved subject to the condition that the applicant remove an existing accessory building on the site, and provided that no additional street entrances be permitted as an additional street entrance would mean the accessory building was no longer accessory to the dwelling. Committee agreed with the recommendation of Staff and approve the application as recommended. 2.6 Staff has reviewed the Committee's decisions and is satisfied that applications A2006- 0009, A2006-0010, A2006-0011, A2006-0012 and A2006-0013 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision 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. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-055-06 CJfllpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RONALD WORBOY LYNDA SPENCER PROPERTY LOCATION: 5554 OLD SCUGOG ROAD, HAMPTON PART LOT 185, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2006-0009 FILE NO.: PURPOSE: TO PERMIT A DECK WITH A NORTHERLY INTERIOR SIDE YARD SETBACK OF 0.152 METRES INSTEAD OF THE MINIMUM REQUIRED SETBACK OF 2 METRES. DECISION OF COMMITTEE: TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.152 M SUBJECT TO A BUILDING PERMIT BEING OBTAINED WITHIN 60 DAYS AND THAT CENTRAL LAKE ONTARIO CONSERVATION'S APPROVAL BE OBTAINED WITHIN 90 DAYS AS ITS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: April 20, 2006 LAST DAY OF APPEAL: May 10, 2006 CJ~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DREW GREIG DREW GREIG PROPERTY LOCATION: 94 PERRY AVENUE, HAMPTON PART LOT 185, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2006-0010 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 52% OF THE MAIN BUILDING AND REDUCING THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM 6 M TO 3.75 M DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT CONSTRUCTION OF AN ACCESSORY BLDG BY INCREASING LOT COVERAGE FROM 40% TO 52% OF THE MAIN BUILDING AND BY REDUCING THE EXTERIOR SIDE YARD SETBACK FROM 6 M TO 3.75 M SUBJECT TO CONDITIONS THAT THE EXITING ACCESSORY BUILDING BE REMOVED PRIOR TO A BUILDING PERMIT BEING ISSUED, AND THAT A BUILDING PERMIT BE OBTAINED FOR THE BUILDING AS IT IS MINOR & DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: April 20, 2006 LAST DAY OF APPEAL: May 10, 2006 CJfllpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GRAHAM TAYLOR GRAHAM TAYLOR PROPERTY LOCATION: 3030 RUNDLE ROAD, DARLINGTON PART LOT 233, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0011 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 43% OF THE MAIN BUILDING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BLDG BY INCREASING THE MAX LOT COVERAGE FROM 40% TO 43% OF THE MAIN BLDG AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT A BLDG PERMIT IS REQUIRED PRIOR TO CONSTRUCTION 2. THAT APPROVAL IS REQUIRED FROM C.L.O.C. 3. THAT NO ADDITIONAL ENTRANCE TO THE PROPERTY BE PERMITTED FOR THE USE OF THIS ACCESSORY BLDG. 4. THAT THE EXISTING ACCESSORY BLDG BE REMOVED PRIOR TO CONSTRUCTION DATE OF DECISION: April 20, 2006 LAST DAY OF APPEAL: May 10, 2006 C!gpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: APRIL WHITE PHILIP COE PROPERTY LOCATION: 2640 SOLlNA ROAD, DARLINGTON PART LOT 252, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2006-0012 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 47% OF THE MAIN BUILDING. DECISION OF COMMITTEE: DECISION: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE LOT COVERAGE FROM 40% TO 47% OF THE MAIN BUILD GIN AS IT'S MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO THE FOLLOWING CONDITIONS: 1. THAT THE INTERNAL DRIVE MAINTAIN A 1.2 METRE SETBACK FROM THE PROPERTY LINE 2. THAT ANY MODIFICATIONS TO THE ACCESS RECEIVED APPROVAL FROM ENGINEERING SERVICES AND OPERATIONS DEPARTMENT PRIOR TO CONSTRUCTION 3. THAT THE EXISTING ACCESSORY BUILDING BE REMOVED WITHIN 6 MONTHS OF THE ISSUANCE OF A BUILDING PERMIT. DATE OF DECISION: LAST DAY OF APPEAL: April 20, 2006 May 10, 2006 CJfllpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JAMES D. TAYLOR JAMES D. TAYLOR PROPERTY LOCATION: 3006 PROVIDENCE ROAD, DARLINGTON PART LOT 53, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2006-0013 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 50% OF THE MAIN BUILDING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM FROM 40% TO 50% OF THE MAIN BUILDING SUBJECT TO THE CONDITION THAT THE EXISTING SHED IS REMOVED AND NO ADDITIONAL ACCESSORIES BE PERMITTED AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: April 20, 2006 LAST DAY OF APPEAL: May 10, 2006