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Home My WebLink AboutPSD-038-07 Q!![.pn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, March 26, 2007 G PM ~ d<SS- 0'7 By-law #: Report #: PSD-038-07 File No's: A2006-0056, A2007-0001 to A2007 -0004 (I nclusive) Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 1, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-07 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on March 1, 2007, for applications A2006-0056, A2007-0001 - A2007-0004 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: D v ~. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:O~-~ Franklin Wu, Chief Administrative Officer GF*DJC*jd March 14,2007 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-038-07 PAGE 2 1.0 APPLICATION DETAILS 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 MARCH 1, 2007 Application Number Staff Recommendation Decision of Committee March 1, 2007 A2006-0056 Approve Approved A2007-0001 Approve Approved A2007-0002 Deny Tabled A2007-0003 Approve Approved A2007-0004 Table Tabled 1.1 Application A2006-0056 was filed to permit the development of 27 townhouse dwellings on a parcel located at 571 Longworth Avenue in Bowmanville. The proposal included reducing the southerly interior side yard setback for a townhouse block from the minimum required 7.5 metres to 4.5 metres for Lot 16 and by increasing the maximum allowable projection of a deck into a required rear yard from 1.5 metres to 2.06 metres and 1.83 metres for Unit 22 and Unit 23 respectively. th The variance was heard originally by the Committee January 4 of 2007, where it was decided to table the application for up to one year. The tabling of the application was intended to allow sufficient time for Staff to complete the site plan review process and fully comment on the developer’s proposal for townhouses on the property. This is done to avoid additional variances that may be required as a result of staffs’ review. The original application did not include any request for increasing the maximum allowable projection of a deck into a required yard. The application was amended and re-circulated to the public and relevant agencies for comment. As the site plan is now reaching the approval stage, it was determined by staff that the timing was suitable for the application to return to Committee. When this application was heard at the March 1, 2007 meeting the Committee approved the application citing that it is considered to be minor in nature, desirable for the development of the lot as a whole, and the proposal was deemed to be consistent with the intent of the Official Plan and the Zoning By-Law. 1.2 Application A2007-0002 was filed to permit the construction of a single detached dwelling that would result in a reduction of the required rear yard setback from 7.5 metres to 6.44 metres. REPORT NO.: PSD-038-07 PAGE 3 At the meeting, it was brought to the attention of the Committee that the submitted application contained errors relating to the appropriate lot number for which the minor variance was being applied for and improper information was provided on the application regarding why exactly the Zoning By-Law requirements could not be met. Given the new information provided by the Applicant at the meeting, the Committee chose to table the application to the next available meeting. Staff agreed to follow-up with the Applicant regarding the new information that was provided at the meeting. Staff investigated the issues raised at the meeting and it was confirmed that the Control Architect for the Municipality had previously approved a model that would fit on this lot without a variance. The Applicant has since withdrawn their application and will be making necessary changes that will allow for the home to be situated on the subject lot without need for a minor variance. 1.3 Application A2007-0004 was filed to permit an increase in the total floor area of a legal non-conforming convenience store use from 143 square metres to 237 square metres. This increase in total floor area would be accomplished by converting an existing restaurant space in the same building to additional convenience store space. Such an expansion or alteration to a legal non-conforming use can only be permitted if approved by the Committee of Adjustment. Staff noted in their comments that Mac’s Convenience Stores Inc. has recently purchased the property and wishes to expand the convenience store use to a size that is more consistent with its retail format. The proposed expansion to the legal non- conforming use would allow Mac’s to carry its full line of convenience store items to serve both the hamlet of Mitchell Corners and the travelling public along Taunton Road. Staff received one letter of objection from a nearby resident that shares a property line with the Applicant and expressed concern over the expansion and alteration of the legal non-conforming use. The letter outlined issued related to the hours of operation, garbage and litter, noise from cars, pumps, an exterior pay phone and loitering, delivery trucks using part of their property for loading functions and inappropriate placement of garbage bins in relation to their residential property. The Committee concurred with Staff’s recommendation and tabled the application until the next available meeting to provide opportunity for Staff to meet with the Applicant and the neighbour to discuss and resolve concerns. The Applicant noted that he did not have any objection to Staff’s recommendation and hoped that the issues and concerns related to the application could be resolved in a timely fashion. REPORT NO.: PSD-038-07 PAGE 4 2.0 CONCLUSIONS 2.1 Staff has reviewed the Committee’s decisions and are satisfied that applications A2006- 0056, A2007-0001, A2007-0002, A2007-0003 and A2007-0004 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 A2006-0056, A2007-0001, A2007-0002, A2007-0003 and A2007-0004 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-038-07 ~n 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 DEVELOPMENT OF A PARCEL OF LAND BY REDUCING THE SOUTHERLY INTERIOR SIDE YARD SETBACK FOR A TOWNHOUSE BLOCK FROM THE MIN REQUIRED 7.5 METRES TO 4.5 METRES FOR LOT 16 & BY INCREASEING THE MAXIMUM ALLOWABLE PROJECTION OF A DECK INTO A REQUIRED REAR YARD FROM 1.5 METRES TO 2.06 METRES AND 1.83 METRES FOR UNIT 22 & UNIT 23 RESPECTIVELY. DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR TO ALLOW THE APPLICATION AS IT IS CONSIDERED MINOR IN NATURE, DESIRABLE FOR THE DEVELOPMENT OF THE LOT, CONSISTENT WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: March 1,2007 LAST DAY OF APPEAL: March 21,2007 cmrklgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VELTRI GROUP VELTRI AND SON LIMITED PROPERTY LOCATION: 65 DON MORRIS COURT, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2007-0001 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A REAR YARD SETBACK OF 6.85 METRES INSTEAD OF THE MINIMUM REQUIRED 7.5 METRES. DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR AS THE APPLICATION MAINTAINS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND IS DESIRABLE FOR THE DEVELOPMENT OF THE PROPERTY SUBJECT TO A RESTRICTION TO BE REGISTERED ON TITLE RESTRICTING THE DECK TO HAVING A 6.0 METRE SEPARATION FOR THE REAR YARD. DATE OF DECISION: March 1,2007 LAST DAY OF APPEAL: March 21,2007 Cl~-lPn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VELTRI GROUP VELTRI AND SON LIMITED PROPERTY LOCATION: 61 DON MORRIS COURT, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0002 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A REAR YARD SETBACK OF 6.44 METRES INSTEAD OF THE MINIMUM REQUIRED 7.5 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NEXT AVAILABLE MEETING. DATE OF DECISION: March 1,2007 LAST DAY OF APPEAL: March 21,2007 qtJlJlJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 673666 ONTARIO LIMITED HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 67 PIPER CRESCENT, BOWMANVILLE . PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0003 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE SIDE YARD SETBACK FROM THE MIN. REQUIRED 1.2 METRES TO 1 METRE & BY REDUCING THE REAR YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 6.7 METRES. DECISION OF COMMITTEE: TO APPROVE AS APPLIED FOR AS THE APPLICATION IS CONSIDERED MINOR IN NATURE AND DESIRABLE FOR THE DEVELOPMENT OF THE PROPERTY, IT IS CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW SUBJECT TO AN AGREEMENT ON TITLE RECOGNIZING A RESTRICTION FOR DECKS F DATE OF DECISION: March 1, 2007 LAST DAY OF APPEAL: March 21,2007 ClfU1l1gtoo PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MAC'S CONVENIENCE STORES INC. MAC'S CONVENIENCE STORES INC PROPERTY LOCATION: 1653 TAUNTON ROAD, DARLINGTON PART LOT 30, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0004 FILE NO.: PURPOSE: TO PERMIT THE ALTERATION WITHIN AN EXISTING BUILDING TO INCREASE THE TOTAL FLOOR AREA OF A LEGAL NON-CONFORMING CONVENIENCE STORE USE FROM 143 SQUARE METRES TO 237 SQUARE METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NEXT AVAILABLE MEETING. DATE OF DECISION: March 1, 2007 LAST DAY OF APPEAL: March 21,2007