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Home My WebLink AboutPSD-093-06 Cl~mgron REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Tuesday, September 5,2006 Report #: PSD-093-06 File No's: A2006-0017 and A2006-0023 to By-law #: A2006-0028 inclusive 6PP, - 3)'l- of:; Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 20, AUGUST 3, AUGUST 17, 2006. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-093-06 be received; 2_ THAT Council concurs with the decisions of the Committee of Adjustment made on July 20, August 3, August 17, 2006 for applications A2006-0017, A2006-0023, A2006-0025, and A2006- 0027 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 3, 2006 for application A2006-0026 is not warranted; 4. THAT Council does not concur with the decisions of the Committee of Adjustment made on August 17, 2006 for application A2006-0024 and that Council confirm its support of the appeal to the Ontario Municipal Board launched by Staff; and that Council authorize Staff to defend its original position at the Ontario Municipal Board; and 5. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 17, 2006 for application A2006-0028 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. Submitted by: Reviewed by: () c------LQ--5. ~_ Franklin Wu, Chief Administrative Officer Davi . Crome, MCIP, RP.P. Director of Planning Services PW'SA'CP'DC'sh August 21, 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-093-06 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. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JULY 20, AUGUST 3 AND AUGUST 17 2006 Staff Decision of Recommendation Committee A Iication Number July 20, 2006 A2006-0017 A2006-0023 A2006-0024 August 3, 2006 A2006-0025 A2006-0026 A2006-0027 roved roved roved August 17,2006 A2006-0024 A2006-0028 Den Den Approved with modifications A roved 1.2 Application A2006-0017 was filed to permit a reduced westerly interior side yard setback from 2.0 m to 0.67 m to permit construction of an attached garage with a second floor recreation room and to permit an accessory building with a reduced westerly interior side yard setback from 1.2 m to 0.243 m. Committee approved the reduced setback for the accessory building and tabled the portion of the application related to the attached garage for up to 30 days in order to give the applicant the chance to discuss the matter further with staff (original decision of May 25, 2006). At a subsequent hearing on July 20, 2006 the applicant revised his application to request a reduced westerly interior side yard setback from 2.0 m to 1.2 m. The revised application was supported by staff and received approval by Committee at that time. 1.3 Application A2006-0024 was filed to permit the establishment of a seasonal farm produce retail outlet in the front yard of a residential property with predominantly Residential Hamlet (RH) zoning. The application further sought to permit the sale of locally grown produce instead of growing the majority of the produce from the same REPORT NO.: PSD-093-06 PAGE 3 farm operation. Staff recommended denial of this application as it was considered to be neither minor or desirable in nature, nor was it considered to conform to the intent of either the Clarington Official Plan or Zoning By-law. A court prohibition order was already in effect against the use of the property for a seasonal farm produce retail outlet and was being appealed by the applicant. Committee chose to table their decision to the first meeting following the August 9, 2006 court hearing of the appeal. Following the August 9, 2006 court hearing legal counsel for the Municipality informed staff that any Planning approvals (such as those provided by the Committee of Adjustment) would have the affect of cancelling the prohibition order that was currently in place on the applicant's property. At the Committee's next meeting (August 17, 2006) Committee approved the application, as applied for, with a series of conditions. Staff did not support the application and do not concur with the Committee's decision. The last day of appeal is September 6, 2006. In order to ensure an appeal was received within the appropriate timeframe, Staff have filed an appeal to the Committee's decision as it does not meet the four tests for a minor variance, pending Council's concurrence. . Within the Clarington Official Plan, the subject property is designated "Hamlet Residential". The predominant use of lands within this designation shall be single detached residential dwellings. Other uses within this designation may include farm-related commercial uses (i.e. grain drying, bulk storage and storage of produce, farm co-operatives, farm machinery sales and repair) but not farm produce outlets. A farm produce outlet is a defined term and is listed as a permitted use in the Agricultural designations only as it is considered an agricultural use. Therefore the proposed use does not conform to the intent of the provisions of the Clarington Official Plan. . Within the Comprehensive Zoning By-law 84-63, as amended, of the former Town of Newcastle, the subject property has dual zoning: "Residential Hamlet (RH) Zone" and "Agricultural (A) Zone". A seasonal farm produce retail outlet use is permitted on land zoned "A" that is 2 ha in area or greater. The subject property is only 0.63 ha in area and the "Agricultural" zoning represents approximately one-third of the overall property. The remaining "Residential Hamlet" portion of the property, in which the applicant is proposing to locate the seasonal farm produce retail sales activities, does not permit this type of use. Therefore the proposed use does not conform to the intent of Zoning By-law 84- 63. · The proposed seasonal farm produce retail outlet would be operated in a residential front yard making it undesirable in nature. REPORT NO.: PSD-093-06 PAGE 4 · Changing the permitted uses on a property, such as permitting a seasonal farm produce retail outlet, is a change which would not be considered minor in nature. 1.4 Application A2006-0026 was filed to recognize the construction of two accessory buildings by reducing the garden shed's rear yard setback from the minimum 1.2 metres to 0.4 metres and its easterly interior side yard setback from the minimum 1.2 metres to 0.4 metres and by reducing the change house/bar's westerly interior side yard setback from the minimum 1.2 metres to 0.3 metres and the setback to the existing deck from the minimum 1.2 metres to 0.58 metres. Staff recommended denial based on concerns regarding the drainage on the site and the effective ability to maintain the accessory buildings and fence with the reduced setbacks. Committee felt that all these matters were appropriately addressed by the applicant and also recognized several neighbours who came out in support of the application. After further review of the information presented at the meeting, Staff do not believe an appeal is warranted. 1.5 Application A2006-0028 was filed to permit a detached garage by increasing the maximum allowable lot coverage from 40% to 80% of the main building. Staff did not support this application, as submitted. The proposed 30' x 30' detached garage was not considered minor in nature, and offered a compromise of increasing the allowable lot coverage of the main building to 55% (permitting a 20' x 30' detached garage). The applicant argued that the reduced amount would not be sufficient to permit a large enough detached garage and Committee agreed. Though the proposed garage permitted by this decision is larger than supported by staff, given the size of the property, its location within the Municipality and the proximity of the neighbouring dwellings to the proposed garage, Staff do not feel an appeal of this decision is warranted. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions and are satisfied that applications A2006- 0017, A2006-0023, A2006-0025 and A2006-0027 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2006-0017, A2006-0023, A2006-0025 through A2006-0028 inclusive, 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. REPORT NO.: PSD-093-06 PAGE 5 2.3 Council's concurrence with the appeal filed by Staff for application A2006-0024 is required in order to provide Staff official status before the Ontario Municipal Board. 3.0 ONTARIO MUNICIPAL BOARD DECISIONS 3.1 A written Ontario Municipal Board (OMB) settlement was received July 6, 2006 for application A2005-0042. 3.2 Application A2005-0042 was appealed by the owner to the Ontario Municipal Board. The application was "to vary the definition of accessory use and accessory building or structure to permit a non-commercial, non-agricultural building of 45 square metres and the outside storage of a maximum of 10 motor vehicles on the subject property for a period of not more than three (3) years." Staff recommended denial of this application as it did not meet the intent of the official plan or zoning by-law and was not minor or desirable. The Committee of Adjustment concurred with Staffs recommendation and the application was denied at the November 17, 2005 Committee meeting. Concurrent with the minor variance application and subsequent appeal was a court case, brought by the Municipality regarding a complaint on the property. Municipal Law Enforcement Staff were seeking to have the Owner plead guilty to the zoning offence, and for a complete clean-up of the property, which at times had as many as 50 vehicles stored there. Discussion between the lawyers representing the Owner, Mr. Roth, and municipal staff led to a resolution to the satisfaction of the Municipality in the week prior to the hearing. The Owner agreed to plead guilty to the zoning offence and to completely clear the property of all buildings and structures and all vehicles, and the Municipality agreed to not seek any fine. Once this resolution was reached, the Owner withdrew his appeal of the minor variance. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 2 - Ontario Municipal Board Appeal Resolution for A2005-0042 Attachment 1 To Report PSD-093-06 ClCJl-!l1gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GREGG POWLESS JULIAN MORGAN PROPERTY LOCATION: 15 BROWNSVILLE COURT, BROWNSVILLE PART LOT 18, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE A2006-0017 FILE NO.: PURPOSE: TO REDUCE THE REQUIRED WESTERLY INTERIOR SIDE YD SETBACK FROM 2.0 M TO 1.2 M TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH 2ND FLOOR RECREATION ROOM. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE DESIRABLE & MEETS THE OFFICIAL PLAN & ZONING BY-LAW, TO REDUCE THE REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 2.0 M TO 1.2 M TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH SECOND FLOOR RECREATION ROOM. DATE OF DECISION: July 20,2006 LAST DAY OF APPEAL: August 9,2006 CJ. lH L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAUL POKORSKI PAUL POKORSKI PROPERTY LOCATION: 1960 HIGHWAY 2, DARLINGTON PART LOT 24, CONCESSION 2 FORMER TOWN (SHIP) OF DARLINGTON A2006-0023 FILE NO.: PURPOSE: TO PERMIT AN EXISTING ACCESSORY BUILDING TO REMAIN ON A NEW PROPERTY CREATED BY LAND DIVISION (LD072-2006) BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 59% OF THE MAIN BUILDING DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE DESIRABLE & MEETS THE OP & ZBL TO PERMIT AN EXISTING ACCESSORY BLDG TO REMAIN ON A NEW PROPERTY CREATED BY LAND DIVISION BY INCREASING THE MAX LOT COVERAGE FROM 40% TO 59% OF THE MAIN BLDG. DATE OF DECISION: July 20,2006 LAST DAY OF APPEAL: August 9,2006 CllJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BOUSFIELDS INC. CONCETTO PISTRITTO PROPERTY LOCATION: 2210 HIGHWAY 2, MAPLE GROVE PART LOT 19, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0024 PURPOSE: TO PERMIT THE ESTABLISHMENT OF A SEASONAL FARM PRODUCE RETAIL OUTLET IN THE RESIDENTIAL HAMLET ZONE AND TO PERMIT THE SALE OF LOCALLY GROWN PRODUCE INSTEAD OF GROWING THE MAJORITY OF THE PRODUCE FROM THE SAME FARM OPERATION. DECISION OF COMMITTEE: TO TABLE DECISION UNTIL THE FIRST MEETING OF THE COMMITTEE OF ADJUSTMENT AFTER THE AUGUST 9, 2006 COURT DATE. DATE OF DECISION: July 20,2006 LAST DAY OF APPEAL: August 9, 2006 Cl~-!Jlglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BOUSFIELDS INC. CONCETTO PISTRITTO PROPERTY LOCATION: 2210 HIGHWAY 2, MAPLE GROVE PART LOT 19, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0024 PURPOSE: TO PERMIT THE ESTABLISHMENT OF A SEASONAL FARM PRODUCE RETAIL OUTLET IN THE RESIDENTIAL HAMLET ZONE AND TO PERMIT THE SALE OF LOCALLY GROWN PRODUCE INSTEAD OF GROWING THE MAJORITY OF THE PRODUCE FROM THE SAME FARM OPERATION. DECISION OF COMMITTEE: TO APPROVE THE ESTABLISHMENT OF A SEASONAL FARM PRODUCE RETAIL OUTLET IN THE (RH) ZONE AND TO PERMIT THE SALE OF LOCALLY GROWN PRODUCE INSTEAD OF GROWING THE MAJORITY OF THE PRODUCE FROM THE SAME FARM OPERATION SUBJECT TO THE FOLLOWING CONDITIONS: . SIZE 800 SQ. FT. (20'X40') . 5 M HEIGHT · TENT-LIKE STRUCTURE, NO HARD SURFACES, NO FLOORS, NO WALLS . 1.5 M FRONT SETBACK . 10 M INTERIOR SIDEYARD SETBACK . 6 PARKING SPACES (MUNICIPAL STANDARD 2.75 M X 5.7 M) . 4.0 M AISLE WIDTH ACCOMMODATING ONE-WAY TRAFFIC · 1 LOADING SPACE (6 M X 3 M) TO THE WEST OF THE HOUSE · OPERATING FROM JULY 1 TO NOVEMBER 2 ANNUALLY · SELLING STRICTLY PRODUCE, NO CRAFTS · TENT-LIKE COVERING STRUCTURE AND ALL LIGHTING REMOVED AT END OF SEASON. DATE OF DECISION: LAST DAY OF APPEAL: August 17, 2006 September 6, 2006 qgglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ALDRED CLARKE LOIS SINGLETON PROPERTY LOCATION: 125 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0025 FILE NO.: PURPOSE: TO PERMIT THE EXPANSION OF A LEGALLY NON-CONFORMING DWELLING LOCATED PARTIALLY WITHIN THE ENVIRONMENTAL PROTECTION ZONE, TO ACCOMODATE A BASEMENT AND A SECOND STOREY, DECISION OF COMMITTEE: TO APPROVE THE EXPANSION OF A LEGALLY NON-CONFORMING DWELLING LOCATED PARTIALLY WITHIN THE ENVIRONMENTAL PROTECTION ZONE, TO ACCOMMODATE A BASEMENT AND A SECOND STOREY, WITH THE EXCEPTION THAT THE DECK ON THE SOUTH SIDE (LAKE SIDE) NOT BE APPROVED AND A SITE PLAN OF THE SEPTIC SYSTEM IS PROVIDED AND APPROVED BY THE HEALTH DEPT" AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE INTENTION OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: August 3,2006 LAST DAY OF APPEAL: August 23, 2006 qlJl-!lJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CHRIS TUTTON TRACEY TUTTON PROPERTY LOCATION: 5 FOUND COURT, COURTICE PART LOT 32, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2006-0026 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF TWO ACCESSORY BUILDINGS BY REDUCING THE GARDEN SHED'S REAR YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.4 METRES AND ITS EASTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.4 METRES AND BY REDUCING THE CHANGE HOUSE/BAR'S WESTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.3 METRES AND THE SETBACK TO THE EXISTING DECK FROM THE MINIMUM 1.2 METRES TO 0.58 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF TWO ACCESSORY BUILDINGS BY REDUCING THE GARDEN SHED'S REAR YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.4 METRES AND IT'S EASTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.4 METRES AND BY REDUCING THE CHANGE HOUSE/BAR'S WESTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM 1.2 METRES TO 0.3 METRES AND THE SETBACK TO THE EXISTING DECK FROM THE MINIMUM 1.2 METRES TO 0.58 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: LAST DAY OF APPEAL: August 3, 2006 August 23, 2006 qEJli!]glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: R BOUMA CONSTRUCTION INC YVONNE AGUECI PROPERTY LOCATION: 32 PAMELA COURT, BOWMANVILLE PART LOT 11, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0027 PURPOSE: TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE TO AN EXISTING DWELLING BY REDUCING THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6 METRES TO 4 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ATTACHED GARAGE TO AN EXISTING DWELLING BY REDUCING THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6 METRES TO 4 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE INTENTION OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: August 3,2006 LAST DAY OF APPEAL: August 23, 2006 CllJl-!l]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TIM GREEN TIM GREEN PROPERTY LOCATION: 4548 CONCESSION RD 3, CLARKE PART LOT 8, CONCESSION 3 FORMER TOWN (SHIP) OF CLARKE FILE NO.: A2006-0028 PURPOSE: TO PERMIT AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40% TO 80% OF THE MAIN BUILDING. DECISION OF COMMITTEE: TO APPROVE A2006-0028 AS APPLIED AS IT MINOR AND DESIRABLE, AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW AND THAT THE ACCESSORY BUILDING REMAIN SUBORDINATE IN APPEARANCE TO THE MAIN BUILDING. DATE OF DECISION: August 17, 2006 LAST DAY OF APPEAL: September 6,2006 JUL 06 2006 16:37 FR AIRD AND BERLIS LLP 4416 863 1515 TO *3424*8693S . . AlRD & BERUS UP Attachment 2 To Report PSD-093-06 Barristers and SolIcllom ""irick J. H."'ngto" 0118'" 416.865.3424 E-mail: pha....ington@alrdberlis.com July 6, 2006 File No. 86939 VIA FAX Michael Bamycz Planner Ontario Municipal Board 655 Bay Street Suite 1500 Toronto, Ontario Dear Mr. Bamycz: Re: OMB Case Number: PL051258 OMB File Number: VOS090 Bernhart and Vivian Roth 4638 and 4648 Flees Road, Municipality of Clarington Withdrawal of Appeal We act on behalf of Bernhart and Vivian Roth with respect to the above-noted appeal. This letter follows up on my voice mail message ofthis past Tuesday. Our clients have instructed us to and we hereby withdraw the above-noted appeal. A resolution satisfactory to both our clients and the Municipality of Clarington has been achieved. This withdrawal is on the basis that no costs will be sought against our clients. By copy, we are also advising the Committee of Adjustmelit of this withdrawal. Should you have any questions or require additional information, please do not hesitate to contact the undersigned. Yours very truly, AIRD & BERLlS LLP ~~ Associate ~on (CC'S on next page) SCE P1acllI, 181 Bay Sb'nt, suns -1800, Bee 754. Toronm. ON. MSJ 2T9 T 416.863.1500 F 416.063.1515 www.aJrdberlls.com