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