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Home My WebLink AboutPSD-084-07 cmr.mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, June 18, 2007 Ke5o/uh071 ~PA 4:L~ -0) Report #: PSD-084-07 File No's: A2007-0010, & A2007-0024, To A2007-0026 Inclusive By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 7, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-084-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on June 7, 2007 for Applications A2007-0010, and A2007-0024 to A2007-0026 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY~~ RJzc Franklin Wu, Chief Administrative Officer PW*CP*DC*sh 8 June 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-084-07 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 JUNE 7, 2007 Application Number Staff Recommendation Decision of Committee A2007 -0010 Close without prejudice Closed without prejudice A2007 -0024 Approve with conditions, Approved with conditions, Amend application and Amended application and Table amended portion Tabled amended portion A2007 -0025 Approve Approved A2007 -0026 Approve Approved 1.2 Application A2007 -0010 was filed 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. This application was originally heard by the Committee on April 19th at which time a number of residents presented a signed petition outlining a number of concerns they had with the proposed development. At that time the application was tabled for up to one year to allow the applicant time to address the neighbour's concerns. On May 2, 2007, a letter was received from the applicant requesting that the file be closed. The applicant has indicated that they are prepared to revise their development proposal to comply with the existing zoning regulations. 1.3 Application A2007-0024 was filed to permit the construction of an in-ground swimming pool by reducing the required exterior side yard setback from 6 metres to 3.5 metres. During the site inspection of the subject property conducted by Staff it was discovered that there is an existing garden shed which does not appear to comply with setback requirements in the Zoning By-law. Following discussions with the applicant it was determined that the original variance application for the in-ground swimming pool, could be decided by Committee while amending the application to address the existing shed at a future date. REPORT NO.: PSD-084-07 PAGE 3 The Committee chose to follow Staffs recommendations and approve the reduced exterior side yard for the in-ground swimming pool subject to the condition that a pool enclosure permit be issued prior to its construction. At the same time the Committee also chose to amend the application, at the applicant's request, to include the existing shed and tabled the portion of the application relating to the shed for up to sixty (60) days to allow the applicant time to provide all necessary information to Planning Services. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0010, A2007-0024, A2007-0025 and A2007-0026, 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 A2007-0010, A2007-0024, A2007-0025 and A2007-0026, 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-084-07 Cl!JLpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ROBERT OWEN HOLDINGS L TD 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 CLOSE THE APPLICATION WITHOUT PREJUDICE AT THE REQUEST OF THE APPLICANT. DATE OF DECISION: June 7,2007 LAST DAY OF APPEAL: June 27,2007 Cl~pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LOUISE CHERRY LOUISE CHERRY PROPERTY LOCATION: 23 AVONDALE DRIVE, COURTICE PART LOT 30, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0024 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN IN-GROUND SWIMMING POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 M TO 3.5 M, SUBJECT TO THE CONDITION THAT THE APPLICANT OBTAIN A POOL ENCLOSURE PERMIT PRIOR TO CONSTRUCTION OF THE IN-GROUND SWIMMING POOL, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY- LAW AND BOTH OFFICIAL PLANS; AND TO AMEND THE APPLICATION TO INCLUDE THE EXISTING SHED ON THE PROPERTY AND THAT THIS PORTION OF THE APPLICATION BE TABLED FOR UP TO SIXTY (60) DAYS TO PERMIT THE APPLICANT TIME TO PROVIDE PLANNING SERVICES WITH APPROPRIATE INFORMATION REGARDING THE SHED. DATE OF DECISION: LAST DAY OF APPEAL: June 7, 2007 June 27,2007 Clfllpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SERNAS ASSOCIATES HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 2384 HIGHWAY 2, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0025 FILE NO.: PURPOSE: THE APPLICATION SEEKS THE FOLLOWING CHANGES: . TO ELIMINATE THE REQUIREMENT FOR LANDSCAPE STRIPS IN THE SOUTH ENDS OF TWO ROWS OF PARKING SPACES BETWEEN BUILDING "E" AND BUILDING "H"; . TO REDUCE THE WIDTH OF TWO LANDSCAPE STRIPS FROM 2.5 METRES TO 1.5 METRES LOCATED AT THE NORTH END OF THE PARKING ROWS BETWEEN BUILDING "E" AND BUILDING "H"; . TO REDUCE THE DIMENSIONS OF THE LOADING SPACE REQUIREMENTS ON THE EAST SIDE OF BUILDING "H" FROM 4 METRES BY 11 METRES TO 3 METRES BY 7.5 METRES; AND, . TO ELIMINATE THE REQUIREMENT FOR A SCREENING WALL FOR THE LOADING SPACE AREA LOCATED ON THE EAST SIDE OF BUILDING "H". DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO: . TO ELIMINATE THE REQUIREMENT FOR LANDSCAPING STRIPS IN THE SOUTH ENDS OF TWO ROWS OF PARKING SPACES BETWEEN BUILDING "E" AND BUILDING "H"; . TO REDUCE THE WIDTH OF TWO LANDSCAPING STRIPS FROM 2.5 METRES TO 1.5 METRES LOCATED AT THE NORTH END OF THE PARKING ROWS BETWEEN BUILDING "E" AND BUILDING "H"; . TO REDUCE THE DIMENSIONS OF THE LOADING SPACE REQUIRED ON THE EAST SIDE OF BUILDING "H" FROM 4 METRES BY 11 METRES TO 3 METRES BY 7.5 METRES; AND . TO ELIMINATE THE REQUIREMENT FOR A SCREENING WALL FOR THE LOADING SPACE AREA LOCATED ON THE EAST SIDE OF BUILDING "H" AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: LAST DAY OF APPEAL: June 7, 2007 June 27,2007 qfJ!ilJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JEAN-CLAUDE BOUHENIC JEAN-CLAUDE BOUHENIC PROPERTY LOCATION: 7486 CARSCADDEN ROAD, CLARKE PART LOT 15, CONCESSION 7 FORMER TOWN(SHIP) OF CLARKE A2007 -0026 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN EIGHT (8) HORSE BARN AND RIDING ARENA BY REDUCING THE AGRICULTURAL SETBACK REQUIRED BETWEEN AN AGRICULTURAL BUILDING AND A RURAL RESIDENTIAL DWELLING FROM 300 METRES TO 267 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN EIGHT (8) HORSE BARN AND RIDING ARENA BY REDUCING THE AGRICULTURAL SETBACK REQUIRED BETWEEN AN AGRICULTURAL BUILDING AND A RURAL RESIDENTIAL DWELLING FROM 300 METRES TO 267 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: June 7, 2007 LAST DAY OF APPEAL: June 27,2007