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Home My WebLink AboutPSD-051-07 CWJllgInn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, May 7,2007 ~e=:o'u})on-iQ,Y?A -334--01 Report #: PSD-051-07 File No's: A2006-0031, A2007-0010, A2007-0011 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 19, 2007. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-051-07 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 19,2007, for applications A2006-0031, A2007-0010 and A2007-0011 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: o ~&-: ~ Franklin Wu, Chief Administrative Officer av Crome, M.C.I.P., R.P.P. Director of Planning Services GF*CP*sh April 25, 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-051-07 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 APRIL 19, 2007 APPLICATION STAFF DECISON OF NUMBER RECOMMENDATIONS COMMITTEE A2006-0031 Table Tabled A2007 -0010 Table Tabled A2007 -0011 Approve Approved 1.1 Application A2006-0031 was filed to permit the construction of a single detached dwelling at 105 Cedar Crest Beach Road in Bowmanville by reducing the minimum required north easterly interior side yard setback from 3.0 metres to 1.8 metres. The variance was heard originally by the Committee on September 28, 2006, where Committee decided that the application would be tabled for up to 120 days to allow time for the Applicant to obtain all necessary Central Lake Ontario Conservation and Regional Health approvals. On January 4,2007, the application was tabled for another 120 days as little progress had been made. The Applicant has now finalized a design for construction of the dwelling on the site, but still requires approval from Central Lake Ontario Conservation through a Board hearing and approval from the Regional Health Department. When this application was heard again at the April 19, 2007 meeting, the Committee again tabled the application citing that additional time was still needed to allow for a Conservation Authority Board Hearing and Regional Health Department approvals. 1.2 Application A2007-0010 was filed to permit the construction of an automotive dealership at 2728 Courtice Road by reducing the required interior side yard setback from 36 metres to 26 metres for a building with a front yard setback in excess of 68 metres. At the meeting, a petition was presented with 13 signatures outlining concern that homeowners in the area did not have enough information before them to make a decision as to whether or not they were in opposition to the proposed variance. In REPORT NO.: PSD-051-07 PAGE 3 addition four of the residents who signed the petition also chose to speak at the meeting in support of their recommendation to table the application. The Applicant informed Committee that he was not opposed to Committee tabling the application to permit time for completion of the site plan amendment process. Committee decided to table the application for a period of up to 12 months. 2.0 CONCLUSIONS 2.1 Staff has reviewed the Committee's decisions and are satisfied that applications A2006- 0031, A2007-0010 and A2007-0011 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 A2006-0031, A2007-0010 and A2007-0011 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-051-07 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ABBOTT DRAFTING & DESIGN VINCENT D'CRUZ FILE NO.: 105 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2006-0031 PROPERTY LOCATION: 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 FOR UP TO SIX (6) MONTHS TO PERMIT TIME FOR A CONSERVATION AUTHORITY BOARD HEARING AND REGIONAL HEALTH DEPARTMENT APPROVALS. DATE OF DECISION: April 19, 2007 LAST DAY OF APPEAL: May 9, 2007 CJ. fl N1lJgtn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ROBERT OWEN HOLDINGS L TO ROBERT OWEN HOLDINGS L TD PROPERTY LOCATION: 2728 COURTICE ROAD, COURTICE PART LOT 29, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0010 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN AUTOMOTIVE DEALERSHIP BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 36 METRES TO 26 METRES FOR A BUILDING WITH A FRONT YARD SETBACK IN EXCESS OF 68 METRES. DECISION OF COMMITTEE: TO TABLE FOR A PERIOD OF UP TO TWELVE (12) MONTHS TO ALLOW THE APPLICANT TO FINALIZE THE SITE PLAN AMENDMENT APPROVAL PROCESS WITH A CONDITION THAT WHEN FULL SITE PLAN DRAWINGS ARE SUBMITTED THAT RESIDENTS ON THE PETITION AND WHO ARE REGISTERED INTERESTED PARTIES ARE NOTIFIED. DATE OF DECISION: April 19, 2007 LAST DAY OF APPEAL: May 9, 2007 ClNJllgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PORT OF NEWCASTLE HARBOURVIEW L TO PORT OF NEWCASTLE HARBOURVIEW LTD. PROPERTY LOCATION: 80 SHIPWAY AVENUE, NEWCASTLE VILLAGE PART LOT 28, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2007-0011 PURPOSE: TO PERMIT THE CONSTRUCTION OF FOUR (4) RESIDENTIAL BUILDINGS BY INCREASING THE MAXIMUM ALLOWABLE HEIGHT OF THE BUILDINGS FROM 12 METRES TO 13.6 METRES TO PERMIT A PITCHED ROOF ON THE 4-STOREY BUILDINGS. DECISION OF COMMITTEE: APPROVE TO PERMIT CONSTRUCTION OF FOUR (4) RESIDENTIAL BUILDINGS BY INCREASING THE MAXIMUM ALLOWABLE HEIGHT OF THE BUILDINGS TO 13.6 METRES TO PERMIT A PITCHED ROOF AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY- LAW. DATE OF DECISION: April 19, 2007 LAST DAY OF APPEAL: May 9, 2007