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Home My WebLink AboutPSD-010-07 ~n REPORT PLANNING SERVICES Meeting: Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday January 22, 2007 Report #: PSD-010-07 File No's: A2006-0031,A2006-0050 ,A2006-0051 A2006-0052, A2006-0053, A2006-0054 A2006-0055 AND A2006-0056 6P/~ - OS;) - 07 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF DECEMBER 14, 2006 AND JANUARY 4,2007. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-010-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on December 14, 2006 and January 4, 2007 for applications A2006-0031, A2006-0050, A2006-0052 to A2006-0054 inclusive, and A2006-0056 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on January 4,2007 for applications A2006-0051 and A2006-0055 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: Da . J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:U ~~ ~ Franklin Wu, Chief Administrative Officer PW*SA *CP*DC*sh January 17, 2007 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-010-07 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 applications and the Committee’s decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR DECEMBER 14, 2006 & JANUARY 4, 2007 Application Number Staff Recommendation Decision of Committee December 14, 2006 A2006-0050 Approve Approved A2006-0051 Table Tabled A2006-0052 Approve Approved A2006-0053 Approve Approved A2006-0054 Approve Approved January 4, 2007 A2006-0031 Table Tabled A2006-0051 Deny Approved without Approved conditions A2006-0055 Approve with conditions A2006-0056 Table Tabled 1.2 Due to the Christmas season and the General Purpose and Administration Committee Meeting schedule during this timeframe staff were unable to report to Committee and Council on the decision of the Committee of Adjustment from the December 14, 2006 meeting. These decisions were reviewed by staff however, and staff had no concerns with any of the decisions made. 1.3 Application A2006-0051 was originally filed to permit the construction of an accessory building by increasing the maximum permitted lot coverage from 40% to 66% of the 22 main building (By-law 84-63) and increasing the maximum size from 90 m to 114.55 m (By-law 2005-109 Oak Ridges Moraine Zoning By-law). The applicant wishes to retain an existing 10.5 m2 gazebo and construct a 104 m2 storage building. After the initial circulation of this application the applicant requested an amendment to his application to allow for the retention of an existing shed 12.6 m2 on the property. The recalculation of lot coverage of the main building increased from 66% to 72% and 22 from 114.55 m to 127.2 m. The applicant was informed that any increase in the proposed variance would require a recirculation of the new information to the nearby property owners and commenting agencies at the applicant’s expense. This was REPORT NO.: PSD-010-07 PAGE 3 agreed to by the applicant and Staff recommended tabling the application in order to allow for the recirculation. Following the recirculation, a second meeting was held to consider the revised application. It was Staff’s opinion that the increase in lot coverage and maximum size for all accessory buildings being requested was not minor in nature nor would it be in keeping with development in the area. As a result, Staff recommended that the application be denied. Upon hearing favourable comments from neighbours of adjacent properties to the east and west, the Committee disagreed with Staff’s evaluation and chose to approve the application. Due to the nature of the variance and the limited impact on other properties, an appeal of this decision was deemed to not be in the best interest of the Municipality. However, should an appeal be lodged by another party, Staff have requested that Council authorize them to appear before the Ontario Municipal Board to defend their original recommendation. 1.4 Application A2006-0055 was filed to permit the construction of a single detached dwelling by reducing the exterior side yard setback from 6 metres to 2 metres. The proposed dwelling is intended to replace a legal non-complying dwelling that was demolished due to fire damage. The applicant was proposing to reposition the new dwelling on his property further back from the front property line. In so doing, the building envelope of the new dwelling encroached into the exterior side yard created by the unopened municipal road allowance located to the south of the applicant’s property. As the municipality currently has no plans to utilize this road allowance in the future, Staff supported this application to reduce the exterior side yard to the same size as an interior side yard. However, a site inspection of the property revealed what appeared to be an abandoned well on the property. Since this property is serviced by municipal water it was made a condition of Staff’s approval that the applicant have the old well properly decommissioned buy a licensed contractor in order to ensure protection of the ground water and prevent any accidents. While the applicant was willing to have the well decommissioned the Committee did not deem that condition necessary for the approval of the variance. A motion by one Committee member to approve the variance subject to the condition of the closing of the well was not supported and failed. A second motion to approve the variance without any conditions passed. REPORT NO.: PSD-010-07 PAGE 4 2.0 COMMENTS 2.1 Staff has reviewed the Committee’s decisions and are satisfied that applications A2006- 0031, A2006-0050, A2006-0052 through A2006-0056 inclusive, 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 No appeals were received on any of the decisions from the December 14, 2006 meeting and these are now all final and binding. Council’s concurrence with the decisions of the Committee of Adjustment for applications A2006-0031, A2006-0050, A2006-0052 through A2006-0056 inclusive, 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-01 0-07 CkJ!:.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RANDY VAN MEER RANDY VAN MEER PROPERTY LOCATION: 1545 REGIONAL RD 42, CLARKE PART LOT 35, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE A2006-0050 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LIVESTOCK BUILDING BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 260 METRES FROM THE NEAREST RESIDENTIAL DWELLING AT 1435 REGIONAL ROAD 42 AND FROM 300 METRES TO 255 METRES FROM THE NEARE DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO AN EXISTING LIVESTOCK BUILDING BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 260 METRES FROM THE NEAREST RESIDENTIAL DWELLING AT 1435 REGIONAL ROAD 42 AND FROM 300 METRES TO 255 METRES FROM THE NEAREST RESIDENTIAL DWELLING AT 1632 REGIONAL ROAD 42 SUBJECT TO THE CONDITION THAT AN APPROVED BUILDING PERMIT BE RECEIVED WITHIN NINETY (90) DAYS, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW.. DATE OF DECISION: LAST DAY OF APPEAL: December 14, 2006 January 3, 2007 ~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DON JOHNSON DON JOHNSON PROPERTY LOCATION: 1521 CONCESSION RD 9, DARLINGTON PART LOT 8, CONCESSION 33 FORMER TOWN(SHIP) OF DARLINGTON A2006-0051 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 72% OF THE MAIN DWELLING (BY-LAW 84-63) & INCREASING THE MAXIMUM SIZE FROM 90 M2 TO 127.2 M2 (BY-LAW 2005-109). DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THE NEXT MEETING OF THE COMMITTEE OF ADJUSTMENT TO ALLOW FOR A RECIRCULATION OF THE APPLICATION AND A NEW SIGN BE POSTED ON THE PROPERTY. DATE OF DECISION: December 14, 2006 LAST DAY OF APPEAL: January 3, 2007 q!Jl-!lJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JEFFREY BRADLEY JEFFREY BRADLEY PROPERTY LOCATION: 1760 CONCESSION RD 10, DARLINGTON PART LOT 28, CONCESSION 10 FORMER TOWN(SHIP) OF DARLINGTON A2006-0052 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 53% OF THE MAIN DWELLING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BULDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 53% OF THE MAIN DWELLING AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: December 14, 2006 LAST DAY OF APPEAL: January 3,2007 CJNhJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GREG POTTER GREG POTTER PROPERTY LOCATION: 132 COVE ROAD, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2006-0053 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A WALK-OUT BASEMENT ON A DWELLING CURRENTLY UNDER CONSTRUCTION BY INCREASING THE PERMITTED MAXIMUM HEIGHT FROM 10.5 METRES TO 11.1 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION BY PERMITTING THE CONSTRUCTION OF A WALK-OUT BASEMENT ON A DWELLING CURRENTLY UNDER CONSTRUCTION BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 10.5 METRES TO 11.1 METRES SUBJECT TO THE CONDITION THAT: . THE MATURE TREES ALONG THE WESTERN PROPERTY LINE BE PRESERVED BY THE APPLICANT; . THAT NO EXISTING DRAINAGE PATTERNS BE ALTERED OR ADVERSELY AFFECTED; AS IT IS MINOR IN NATURE, DESIRABLE AND IT CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: December 14, 2006 January 3, 2007 C!NJl1gtoo PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ARNOT WOTTEN ARNOT WOTTEN PROPERTY LOCATION: 5750 SOLlNA ROAD, SOLlNA PART LOT 22, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2006-0054 PURPOSE: TO REDUCE THE AGRICULTURAL SETBACK FROM 300 METRES TO 150 METRES FROM AN EXISTING LIVESTOCK BARN TO A DEVELOPMENT AREA FOR UP TO THREE (3) NEW HAMLET LOTS AND TO FURTHER REDUCE THE LOT AREA OF THE RETAINED PARCEL FROM 31.92 HA TO 30.72 HA (REQUIRED IS 40 DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO REDUCE THE AGRICULTURAL SETBACK FROM 300 METRES TO 110 METRES FROM AN EXISTING LIVESTOCK BUILDING TO A DEVELOPED AREA FOR UP TO THREE (3) NEW HAMLET LOTS AND TO FURTHER REDUCE THE LOT AREA OF THE RETAINED PARCEL FROM 31.92 HA TO 30.72 HA AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: December 14, 2006 January 3,2007 Cl~Jngron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ABBOTT DRAFTING & DESIGN VINCENT D'CRUZ PROPERTY LOCATION: 105 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2006-0031 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTH EASTERLY INTERIOR SIDE YARD SETBACK FROM 3.0 METRES TO 1.8 METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO ONE HUNDRED AND TWENTY (120) DAYS. DATE OF DECISION: January 4,2007 LAST DAY OF APPEAL: January 24, 2007 ~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DON JOHNSON DON JOHNSON PROPERTY LOCATION: 1521 CONCESSION RD 9, DARLINGTON PART LOT 8, CONCESSION 33 FORMER TOWN(SHIP) OF DARLINGTON A2006-0051 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 72% OF THE MAIN DWELLING (BY-LAW 84-63) & INCREASING THE MAXIMUM SIZE FROM 90 M2 TO 127.2 M2 (BY-LAW 2005-109). DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 72% OF THE MAIN DWELLING (BY-LAW 84-63) AND INCREASING THE MAXIMUM SIZE FROM 90 M2 TO 127.2 M2 (BY-LAW 2005-109) AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: January 4,2007 LAST DAY OF APPEAL: January 24, 2007 Clw:pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JEFF KELSO JEFF KELSO PROPERTY LOCATION: 568 MILL STREET SOUTH, NEWCASTLE VILLAGE PART LOT 28, CONCESSION BF FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2006-0055 PURPOSE: TO PERMIT THE RECONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2 METRES. DECISION OF COMMITTEE: TO APPROVE THE RECONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: January 4,2007 LAST DAY OF APPEAL: January 24,2007 CJ!I!.pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HALMINEN URBAN COMMUNITIES INC HALMINEN URBAN COMMUNITIES INC. PROPERTY LOCATION: 571 LONGWORTH AVENUE, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2006-0056 PURPOSE: TO PERMIT THE CONSTRUCTION OF A BLOCK OF TOWNHOUSES BY REDUCING THE SOUTHERLY INTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 4.5 METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO ONE (1) YEAR. DATE OF DECISION: January 4, 2007 LAST DAY OF APPEAL: January 24,2007