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Home My WebLink AboutPSD-061-07 Cl!J!illgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Tuesday, May 22,2007 Report #: PSD-061-07 frsoluk:n-#q PA -351-Dl File No's: A2007-0012, A2007-0013, By-law #: A2007-0014, A2007-0015, A2007-0016 AND A2007-0017 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 3, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-061-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 3, 2007 for Applications A2007-0012 through A2007-0017 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: vi . rome, M.C.I.P., R.P.P. Director of Planning Services O~~~ Reviewed by: Franklin Wu, Chief Administrative Officer PW*CP*DC*df 8 May 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-061-07 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 MAY 3, 2007 Application Number Staff Recommendation Decision of Committee A2007 -0012 Approve Approved A2007 -0013 Approve with conditions Approved with conditions A2007-0014 Approve with conditions Approved with conditions A2007-0015 Approve with conditions Approved with conditions A2007 -0016 Approve Approved A2007-0017 Approve Approved 1.2 Application A2007 -0014 was filed to permit the construction of an accessory building by reducing the minimum required exterior side yard setback from 10 metres to 5.0 metres and by increasing the maximum lot coverage from 40% to 55% of the main dwelling. Staff had recommended approval of this variance subject to a number of conditions including that the existing tool shed on the property be removed within 60 days of the Building Permit being issued for the new, accessory building. The applicants suggested to the Committee that 60 days may not be enough time to complete the new building, empty out the tool shed and have it removed I torn down as they would be completing most of the work themselves. Instead of the recommended 60 days, Committee chose to modify the conditions so that the applicants would have a maximum of 120 days to remove the tool shed following the issuance of a Building Permit. It is Staffs opinion that the modified timeframe provided by the Committee meets the original intention that the tool shed be removed in a timely fashion following the construction of the new accessory building. It is therefore Staffs opinion that an appeal of this decision is unwarranted. Should an appeal be made by another party, Staff will defend the modified condition before the Ontario Municipal Board. REPORT NO.: PSD-061-07 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0012 through A2007-0017 inclusive, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0012 through A2007-0017 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. 2.3 The applicant for file A2007-0010, Roy Nicols Motors at 2728 Courtice Road, has contacted the Municipality and requested in writing that his application be withdrawn immediately. The letter did not provide a reason for the withdrawal. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-061-07 Cl!Jlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: THOMAS LIVINGSTONE RIDGE PINE PARK INC PROPERTY LOCATION: 184 WILMOT TRAIL, WILMOT CREEK PART LOT 3, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2007-0012 FILE NO.: PURPOSE: TO PERMIT THE ENCLOSURE OF A DECK, ABUTTING A RESIDENTIAL DWELLING, BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 6.0 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO ENCLOSE A DECK, ABUTTING A RESIDENTIAL DWELLING, BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 6.0 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 3,2007 LAST DAY OF APPEAL: May 23, 2007 Cl!Jlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LARRY HUGHES LARRY HUGHES PROPERTY LOCATION: 9 MONTAGUE AVENUE, COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON A2007-0013 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING THE MAXMIMUM REQUIRED LOT COVERAGE FROM 40% TO 43%. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A DECK BY INCREASING THE MAXIMUM REQUIRED LOT COVERGE FROM 40% TO 43%, SUBJECT TO THE CONDITION THAT THE APPLICANT OBTAINS A BUILDING PERMIT WITHIN 30 DAYS, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 3,2007 LAST DAY OF APPEAL: May 23, 2007 CliJ!ll]gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KURT GRAICHEN SYLVIA GRAICHEN PROPERTY LOCATION: 3215 OLD SCUGOG ROAD, DARLINGTON PART LOT 15, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2007-0014 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 10 METRES TO 5.0 METRES AND BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 55% OF THE MAIN DWELLING. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 10 METRES TO 5 METRES AND BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% TO 55% OF THE MAIN DWELLING SUBJECT TO THE FOLLOWING CONDITIONS: . THAT AN ENTRANCE PERMIT BE APPROVED FROM GAUD GATE; . THAT NO VEHICULAR ENTRANCE BE PERMITTED IN THE NORTH ELEVATION OF THE PROPOSED GARAGE; . THAT THE CHILDREN'S PLAY STRUCTURE BE REMOVED PRIOR TO THE ISSUANCE OF THE BUILDING PERMIT; AND . THAT THE TOOL SHED BE REMOVED WITHIN 120 DAYS OF THE ISSUANCE OF A BUILDING PERMIT. AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY- LAW AND OFFICIAL PLAN. DATE OF DECISION: LAST DAY OF APPEAL: May 3, 2007 May 23,2007 CJ!Jl-flJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SCOTT KIMMERER SCOTT KIMMERER PROPERTY LOCATION: 110 HAMMOND STREET, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2007-0015 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 3.35 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE MINIMUM EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3.35 METRES SUBJECT TO THE CONDITION THAT THE APPLICANT OBTAIN A POOL ENCLOSURE PERMIT PRIOR TO CONSTRUCTION OF THTE INGROUND POOL, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 3,2007 LAST DAY OF APPEAL: May 23, 2007 C!!J.r.-fl1glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DANIEL KEITH DANIEL KEITH PROPERTY LOCATION: 54 RUTHERFORD DRIVE, NEWCASTLE VILLAGE PART LOT 30, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2007-0016 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY STRUCTURE (GAZEBO) BY REDUCING THE REQUIRED 1.2 METRE SETBACK BETWEEN AN EXISTING DECK AND THE PROPOSED NEW ACCESSORY STRUCTURE TO 1.0 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (GAZEBO) BY REDUCING THE REQUIRED 1.2 METRE SETBACK BETWEEN AN EXISTING DECK AND THE PROPOSED NEW ACCESSORY STRUCTURE TO 1.0 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 3,2007 LAST DAY OF APPEAL: May 23, 2007 C[iJlIlJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SCOTT COOK WILMA ENTWISLE PROPERTY LOCATION: FILE NO.: 4672 HIGHWAY 2, CLARKE PART LOT 5, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE A2007-0017 PURPOSE: TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING A MAXIMUM OF 8 HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 100 METRES TO THE NEAREST NEIGHBOURS DWELLING. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING A MAX. OF 8 HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 M TO 100 M TO THE NEAREST NEIGHBOUR'S DWELLING AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: May 3,2007 LAST DAY OF APPEAL: May 23, 2007