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HomeMy WebLinkAboutPSD-062-06 CJ!l!.pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Tuesday May 23, 2006 Report #: PSD-062-06 File No's: A2006-0014 & A2006-0016 By-law #: (') P A - ~ ~ y - (; ~, Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 11, 2006 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-062-06 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 11, 2006 for applications A2006-0014 and A2006-0016, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Davi . Crome, MCIP, R.P.P. Director of Planning Services ReVieWedbY:O~~ Franklin Wu, Chief Administrative Officer SA *CP*DC*sh May 15, 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-062-06 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 A2006-0014 Deny Denied A2006-0016 Approve portion, table portion Approved portion, Tabled portion DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 11, 2006 2.0 COMMENTS 2.1 Application A2006-0014 was an application to permit an increase in the number of electronic entertainment machines from the maximum permitted of three (3) as an accessory use in a commercial zone, to 24 machines. Staff recommended that the application be denied as it does not meet three of the required four tests for a minor variance as it is not minor, nor desirable, nor is it in keeping with the intent of the Zoning By-law. After lengthy discussion with the applicant at the Public Meeting, Committee concurred with Staffs recommendation and the application was denied. 2.2 Application A2006-0016 was an application to permit the extension and reconstruction of a legally non-conforming accessory building (detached garage) located within an Environmental Protection (EP) zone. This portion of the application was approved as applied for. During the site inspection, Staff noted an above-ground pool was also located in the "EP" zone and a review of information indicated that it did not have legal non-conforming status. The applicant amended the application at the meeting to include the pool, and this amended portion of the application was tabled to allow a new public notice and circulation to be given in accordance with the Planning Act and to permit agency comments to be obtained. 2.3 Staff has reviewed the Committee's decisions and are satisfied that application A2006- 0016 is in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Staff are also satisfied with Committee's decision to deny application A2006-0014 as the application was not minor, not desirable and was not in keeping with the intent of the zoning by-law. REPORT NO.: PSD-062-06 PAGE 3 2.4 Council's concurrence with the decisions of the Committee of Adjustment is required in order to afford Staffs 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-062-06 Cl!l!.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: E-PLA YGROUND 1529593 ONTARIO LTD. PROPERTY LOCATION: 100 MEARNS AVENUE, BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0014 FILE NO.: PURPOSE: TO PERMIT AN INCREASE IN THE NUMBER OF ELECTRONIC ENTERTAINMENT MACHINES FROM THE MAXIMUM PERMITED OF THREE (3) AS AN ACCESSORY USE IN A COMMERCIAL ZONE, TO 24 MACHINES. DECISION OF COMMITTEE: THAT THE APPLICATION BE DENIED AS IT IS NOT IN KEEPING WITH THE ZONING BY-LAW, IT IS NOT MINOR IN NATURE AND IS NOT CONSIDERED DESIRABLE FOR THE NEIGHBOURHOOD DATE OF DECISION: May 11,2006 LAST DAY OF APPEAL: May 31,2006 CWJ&ton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BERNIE KATONA BERNIE KATONA PROPERTY LOCATION: 14 ANN STREET, BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0016 FILE NO.: PURPOSE: TO PERMIT THE EXTENSION AND RECONSTRUCTION OF A LEGALLY NON- CONFORMING ACCESSORY BUILDING (DETACHED GARAGE) LOCATED WITHIN AN ENVIRONMENTAL PROTECTION (EP) ZONE. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE EXTENSION AND RECONSTRUCTION OF A LEGAL NON-CONFORMING ACCESSORY BUILDING (DETACHED GARAGE) IS RECOMMENDED, SUBJECT TO THE APPLICANT OBTAINING A BUILDING PERMIT FROM THE MUNICIPALITY PRIOR TO CONSTRUCTION AND THAT NO EXISTING GRADING AND DRAINAGE PATTERNS BE ALTERED OR ADVERSELY AFFECTED. ALSO, THAT THE APPLICANT AMEND THE MINOR VARIANCE APPLICATION TO INCLUDE THE ABOVE-GROUND POOL LOCATED WITHIN THE ENVIRONMENTAL PROTECTION ZONE AND THAT THIS AMENDED PORTION OF THE APPLICATION BE TABLED TO A SUBSEQUENT COMMITTEE OF ADJUSTMENT MEETING WITHIN THREE (3) MONTHS TO PERMIT THE APPLICANT TIME TO DISCUSS THE LOCATION OF THE ABOVE-GROUND POOL WITH BOTH CENTRAL LAKE ONTARIO CONSERVATION AND THE MUNICIPALITY OF CLARINGTON DATE OF DECISION: May 11, 2006 LAST DAY OF APPEAL: May 31,2006