The URL can be used to link to this page

Home My WebLink AboutPSD-044-07 Cl~mglOn REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION MEETING (~C~Ck~)Ul~~6f;}-JI- (11 Monday, April 23, 2007 Meeting: Report #: PSD-044-07 File No's: A2007-0004 A2006-0006 A2006-0007 A2006-0008 A2007 -0009 By-law #: ~...- Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 5, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-044-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 5, 2007 for applications A2007-0004, A2007-0007, A2007-0008 and A2007-0009 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 the decision of the Committee of Adjustment made on April 5,2007 for application A2007-0006. 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: D vi . Creme, MCIP, R.P.P. Director of Planning Services Reviewed b~--">~ Franklin Wu, Chief Administrative Officer PW*CP*DC*sh*df April 17, 2007 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVllLE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-044-07 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 APRIL 5, 2007 A2007-0004 Tabling Tabled A2007 -0006 Approve with conditions Approved with modified conditions A2007 -0007 Tabling Approved with conditions A2007-0008 Approve with conditions Approved with conditions A2007-0009 Approve with conditions Approved with modified conditions 1.2 Application A2007-0006 was filed to permit the construction of a detached garage by reducing the minimum required front yard setback from 6 metres to 3 metres. Staff recommended approval of this variance on the condition that the owner apply for and receive approval from the Clarington Engineering Services Department to relocate the driveway entrance to Durham Street and that the existing Duke Street entrance be closed. Some Committee members felt that this condition was too restrictive by requiring Engineering Services to "approve" the new driveway location. However, regardless of the Committee's opinion, Engineering Services is the approval authority for all entrances. The resulting change to the conditions will not impact the overall outcome of the approved variance. 1.3 Application A2007-0007 was filed to permit an increase in lot coverage by two existing accessory buildings from 40% to 63% of the main building floor area and to reduce the required interior side yard and rear yard setbacks for the north accessory building from 1.2 metres to 0.8 metres and to reduce the required rear yard setback for the south accessory building from 1.2 metres to 0.8 metres. All agency comments received regarding this variance were favourable save and except for the Durham Regional Health Department who withheld their approval pending the review of a site plan showing the addition to the building and sewage system, as well as the well locations. As a result, Staff recommended that the application be tabled until REPORT NO.: PSD-044-07 PAGE 3 the next meeting of the Committee (scheduled for April 19, 2007) so that the Health Department could review complete drawings indicating the location of the existing well and septic system for review and approval. Since all other factors favoured approval of this variance the Committee decided to approve the variance, in principal, on the condition that approval from the Durham Regional Health Department be received following a review of the aforementioned site plan. In their decision, the Committee explained that it was their intention to remove the necessity for the applicant to come before the Committee a second time. Though procedurally Staff would have preferred to have proceeded with review of this variance through tabling the application and bringing it back onto the Committee's next agenda, the resulting decision is still contingent upon approval from the Durham Regional Health Department. Therefore, it is Staffs opinion that an appeal of this decision is unwarranted. 1.4 Application A2007-0009 was filed to permit the construction of an addition to an existing single detached dwelling by reducing the minimum required southerly interior side yard setback from 1.2 metres to 0.83 metres. The addition was to include an extension of the existing garage on the ground floor and an extension to living space (bathrooms and closets) on the second floor. A site inspection of the property revealed a mature hedge, ranging in height from 1.5 metres to 2.1 metres, running along the southerly property line, from the front lot line to the rear building line of the house. A sight triangle 3.0 metres X 3.0 metres is required where the driveway intersects with the streetline. The hedge does not allow for this requirement to be achieved. The site inspection also revealed a garden shed behind the house with a 0 metre setback to the southerly interior lot line. The required interior side yard setback for this accessory building is 1.2 metres. Staff made both the sight triangle abutting the hedge and the setback of the garden shed conditions of approval for this application. During the course of the meeting it was revealed that the hedge that impedes the sight triangle of the front street line belonged to the neighbour and could therefore not be made a condition of approval for this variance. As a result, the Committee approved the variance, as recommended by Staff, but eliminated the condition dealing with the sight triangle. Planning Staff have referred this matter to By-law Enforcement as it appears the driveway is in its original configuration and the hedge was planted afterwards. 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2007- 0004, A2007-0006 through A2007-0009 inclusive, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. REPORT NO.: PSD-044-07 PAGE 4 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0004, A2007-0006 through A2007-0009 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-044-07 ~{fJlmgtOn 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 FOR A PERIOD OF UP TO TWELVE (12) MONTHS TO ALLOW STAFF TO RESOLVE THESE CONCERNS THROUGH A SITE PLAN AMENDMENT APPROVAL PROCESS. DATE OF DECISION: April 5,2007 LAST DAY OF APPEAL: April 25, 2007 Cl~-!!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GAVIN CRABB GAVIN CRABB PROPERTY LOCATION: 17 DURHAM STREET, BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2007 -0006 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 6 METRES TO 3 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 6 METRES TO 3 METRES SUBJECT TO THE FOLLOWING CONDITIONS: ~ APPLICANT MAKE APPLICATION FOR THE RELOCATION OF THE PROPERTY ENTRANCE AND THAT DUKE STREET ENTRANCE BE CLOSED; AND ~ THAT THE SHED BE BROUGHT INTO COMPLIANCE OR REMOVED WITHIN THREE (3) MONTHS OF A BUILDING PERMIT BEING ISSUED AS IT IS MINOR IN NATURE, NOT DETRIMENTAL AND CONFORMS TO THE INTENTION OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: April 5, 2007 LAST DAY OF APPEAL: April 25, 2007 CIlJl-!llgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAUL FERGUSON HAZEL FERGUSON PROPERTY LOCATION: 3240 LOCKHART ROAD, CLARKE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0007 PURPOSE: TO PERMIT AN INCREASE IN LOT COVERAGE BY TWO EXISTING ACCESSORY BUILDINGS FROM 40% TO 63% OF THE MAIN BUILDING & REDUCE THE REQUIRED INTERIOR SIDE & REAR YARD SETBACKS FOR THE NORTH ACCESSORY BUILDING FROM 1.2 M TO 0.80 M & REDUCE THE REQUIRED REAR YARD SETBACK FOR THE SOUTH ACCESSORY BUILDING FROM 1.2 M TO 0.80 M. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT MEETS THE FOUR REQUIREMENTS SUBJECT TO THE FOllOWING CONDITIONS: THAT THEY RECEIVE APPROVAL OF THE HEALTH DEPARTMENT WITH RESPECT TO THE WELL AND SEPTIC; AND . THAT THE FRAME SHED BE REMOVED IN 45 DAYS. DATE OF DECISION: LAST DAY OF APPEAL: April 5, 2007 April 25, 2007 ClCJl-!llgtOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ZLA TKO JAZIC ZLA TKO JAZIC PROPERTY LOCATION: 3327 TRULLS ROAD, COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0008 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A LEGAL NON-COMPLYING ACCESSORY BUILDING BY INCREASING LOT COVERAGE FROM 43% TO 59.75% OF THE MAIN BUILDING FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A LEGAL NON-COMPLYING ACCESSORY BUILDING BY INCREASING LOT COVERAGE FROM 45% TO 59.75% OF THE MAIN BUILDING FLOOR AREA AS IT IS MINOR IN NATURE AND DESIRABLE AND CONFORMS TO THE INTENTION OF THE ZONING BY- LAW AND BOTH OFFICIAL PLANS SUBJECT TO THE FOLLOWING CONDITIONS: . OBTAIN WRITTEN PERMISSION FROM CLOC FOR DEVELOPMENT ON THIS SITE; AND · OBTAIN A BUILDING PERMIT WITHIN NINETY (90) DAYS OF THIS DECISION. DATE OF DECISION: LAST DAY OF APPEAL: April 5, 2007 April 25, 2007 CleJlillgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEW CASTLE DRAFTING LYLE BONNIER PROPERTY LOCATION: 6 HOLGATE CRESCENT, BOWMANVILLE PART LOT 13, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0009 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD FROM 1.2 METRES TO 0.83 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED SOUTHERLY I NTERIOR SIDE YARD FROM 1.2 METRES TO 0.83 METRES AS IT IS MINOR IN NATURE, NOT A DETRIMENT TO THE NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS AND IS DESIRABLE SUBJECT TO THE FOLLOWING CONDITION: ~ THAT THE GARDEN SHED BE MOVED INTO COMPLIANCE WITHIN THREE (3) MONTHS OF THE BUILDING PERMIT BEING ISSUED. DATE OF DECISION: April 5, 2007 LAST DAY OF APPEAL: April 25, 2007