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Home My WebLink AboutPSD-107-06 Cl~-ilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 2,2006 Report #: PSD-107-06 File No's: A2006-0016, A2006-0029 and A2006-0030 6PP,-3C/-f/{)b' By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 14, 2006. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-1 07-06 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on September 14, 2006 for applications A2006-0016, A2006-0029, and A2006-0030 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, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:O ~~ ~ Franklin Wu, Chief Administrative Officer PW/CP/DC/sh/df 22September 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-107-06 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 Application Number Recommendation Decision of Committee September 14, 2006 A2006-0016 Tabled Tabled A2006-0029 Approve Approved A2006-0027 Approve Tabled at request of applicant 1.2 Application A2006-0016 was filed to permit the construction of an above-ground swimming pool within the Environmental Protection (EP) zone. Committee had earlier approved a variance for this property to permit the expansion and reconstruction of a legal non-conforming detached garage (original decision dated May 11, 2006). The variance was amended to include the construction of an above ground swimming pool in an Environmentally Protected (EP) Zone which was discovered during investigation into the original variance request. This second part of the variance was then tabled on May 11 for a period of three (3) months to give time for the applicant to discuss the matter with Planning Staff. The variance was scheduled to be reheard on September 14, 2006. The signage and mail-out notice for the September 14, 2006 meeting, were not distributed in conformity with the Planning Act. Staff, therefore, requested that Committee TABLE the application until the next meeting to be held on September 28, 2006. 1.3 Application 2006-0029 was filed to permit the expansion of an existing legal non- 22 conforming building by permitting a 16.8 m (180 ft) addition to the primary dwelling. The applicant’s home lies on the flood plain of the Foster Creek meaning the home is completely within an Environmentally Protected (EP) Zone. The purpose of the variance was to allow the expansion of an existing 10’ x 14’ room into a 16’ x 20’ room. None of the commenting agencies had any objections to the expansion. 1.4 Application A2006-0030 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 8 metres to 6 metres. REPORT NO.: PSD-107-06 PAGE 3 Prior to the meeting, it was brought to Staff’s attention that the applicant had not legally taken possession of the property prior to submitting his application for minor variance. The applicant was advised to bring authorization from the owner to the Committee meeting in order to legitimize his application. Being unable to provide a copy of such authorization the applicant requested that his application be tabled to the next available meeting. This request was approved by Committee. 2.0 COMMENTS 2.1 Staff has reviewed the Committee’s decisions and are satisfied that applications A2006- 0016, A2006-0029, and A2006-0030 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 A2006-0016, A2006-0029, and A2006-0030, is required in order to afford Staff 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-107-06 CINJlJgloo PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BERNIE KATONA BERNIE KATONA FILE NO.: 14 ANN STREET, BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0016 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ABOVE-GROUND SWIMMING POOL WITHIN AN ENVIRONMENTAL PROTECTION (EP) ZONE. DECISION OF COMMITTEE: TO TABLE THIS APPLICATION UNITL SEPTEMBER 28,2006. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4, 2006 , "" CJ~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHEILA PETHICK WENDY COUCH PROPERTY LOCATION: 68 NORTH STREET, NEWCASTLE VILLAGE PART LOT 29, CONCESSION 2 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2006-0029 PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING LEGAL NON-CONFORMING BUILDING BY PERMITTING A 16.8 M2 (180 FT2) ADDITION TO THE PRIMARY DWELLI NG. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR SUBJECT TO STAFF BEING NOTIFIED THAT ALL GRCA CONDITIONS HAVE BEEN MET. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4, 2006 '",. .~. ~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: OVIDIO SBRISSA ARCHITECT INC GREG POTTER PROPERTY LOCATION: 132 COVE ROAD, BOWMANVILLE PART LOT, CONCESSION FORMER TOWN (SHIP) OF BOWMANVILLE FILE NO.: A2006-0030 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 8 METRES TO 6 METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL OCTOBER 12,2006. DATE OF DECISION: September 14, 2006 LAST DAY OF APPEAL: October 4, 2006