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Home My WebLink AboutPSD-090-07 CWilJgtDn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, July 30,2007 Report #: PSD-090-07 File No's: A2007-0027, A2007-0028, A2007-0029, A2007-0031, A2007-0032, A2007 -0033, A2007 -0035, A2007 -0036 AND A2007 -0037 )\y-Iaw #' II 7 ~~'u~on ~qPA-7 77-0 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JUNE 21 AND JULY 5, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-090-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on June 21, and July 5, 2007 for applications A2007-0027, A2007-0029, A2007-0031, A2007-0032, A2007- 0033, and A2007 -0035 through A2007 -0037 inclusive 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 supports the appeal by the Regional Municipality of Durham to the Ontario Municipal Board with respect to the decision of the Committee of Adjustment on application A2007 -0028 and authorizes staff to attend the hearing. Submitted by: Reviewed by: O-~.-.: .~ Franklin Wu, Chief Administrative Officer PW*CP*DC*df 23 July 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-090-07 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 21 AND JULY 5, 2007 JUNE 21, 2007 A2007 -0027 A2007 -0028 A2007 -0029 A2007 -0031 Approve Deny Approve Approve Approved Tabled Approved Approved JULY 5, 2007 A2007 -0028 Deny Approved A2007 -0032 Approve Approved A2007 -0033 Approved with conditions Approved with conditions A2007 -0035 Approve Approved A2007 -0036 Tabled Tabled A2007 -0037 Approve Approved Applications A2007 -0030 and A2007 -0034 were both withdrawn by the applicant. 1.2 Application A2007 -0028 was filed to permit the establishment of an additional mobile home unit by increasing the maximum number of mobile home units at the Newcastle Trailer Park from eighteen (18) units to nineteen (19) units. The approved Site Plan from 1992 gave permission for eighteen trailer sites on the property, as well as a retail sales area for recreation vehicles. Comments received from the Durham Regional Health Department recommended that the application not be approved unless the entire trailer park was placed on municipal sanitary sewers. Since the applicant was proposing to continue to use septic holding tanks to service the REPORT NO.: PSD-090-07 PAGE 3 existing eighteen mobile home units as well as the proposed nineteenth mobile home unit Staff recommend denial of this variance as it was not desirable for the area. During the June 21st meeting, the Committee chose to TABLE this application in order to receive further clarification from the Durham Regional Health Department as to why an increase from eighteen mobile home units to nineteen mobile home units was not recommended. This application returned to the Committee's agenda on July 5th, 2007. Staff presented a more detailed response from the Durham Regional Health Department indicating specific passages from the Ontario Building Code as grounds for the Health Department's recommendation that this application not be approved unless the entire trailer park is placed on municipal sanitary sewers. The Ontario Building Code only allows holding tanks to be used for situations such as: · For temporary use not exceeding 12 months; · An extension to an existing single-detached dwelling already serviced by a holding tank; · To remedy an unsafe situation where no other system is practical; or · An interim measure until municipal sewers are available. The application did not meet any of the Building Code requirements. The applicant told the Committee that his sewage holding tank capacity exceeded the standards given to him in 1992. As a result, he claimed that his existing excess capacity could be used to accommodate the proposed nineteenth mobile home unit and did not need to conform to current bl;Jilding code standards. The Committee decided that the existing private servicing for the Newcastle Trailer Park was undesirable, but did not believe one additional mobile home unit would make the situation any worse than it already was and approved the application. Discussions with staff at the Region of Durham Planning and Health Department have confirmed that an appeal to the Committee's decision will be filed by the Region. Staff will participate at any future OMB hearing to defend their original decision before the Ontario Municipal Board. 1.3 Applications A2007 -0030 and A2007 -0034 were withdrawn after Staff's review of these applications deemed them to be unnecessary. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007 -0027, A2007 -0029, A2007 -0031, A2007 -0032, A2007 -0033, and A2007 -0035 through A2007 -0037 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-090-07 PAGE 4 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2007-0027, A2007-0029, A2007-0031, A2007-0032, A2007-0033, and A2007 -0035 through A2007 -0037 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 In light of the Region's anticipated appeal of application A2007-028, it is recommended that Council SUPPORT this appeal and authorize staff to attend the hearing. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-090-07 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JULIE SICILIANO PETER GERRITS PROPERTY LOCATION: 66 VARCOE ROAD, COURTICE PART LOT 33, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0027 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING BOTH REQUIRED INTERIOR SIDE YARD SETBACKS FROM 2 METRES TO 1.2 METRES. DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING BOTH REQUIRED INTERIOR SIDE YARD SETBACKS FROM 2 METRES TO 1.2 METRES AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: June 21,2007 LAST DAY OF APPEAL: July 11, 2007 CJ~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEWCASTLE TRAILER PARK NEWCASTLE TRAILER PARK PROPERTY LOCATION: 623 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 25, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2007-0028 PURPOSE: TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY INCREASING THE MAXIMUM NUMBER OF MOBLE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS. DECISION OF COMMITTEE: TO TABLE FOR A PERIOD OF UP TO THREE MONTHS TO ALLOW THE REGIONAL HEALTH DEPARTMENT TIME TO PROVIDE MORE DETAIL ON WHY AN INCREASE TO 19 UNITS FROM 18 UNITS WOULD NOT BE TECHNICALLY FEASIBLE. DATE OF DECISION: June 21,2007 LAST DAY OF APPEAL: July 11, 2007 Cllllpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEWCASTLE TRAILER PARK NEWCASTLE TRAILER PARK PROPERTY LOCATION: 623 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 25, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2007-0028 PURPOSE: TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY INCREASING THE MAXIMUM NUMBER OF MOBILE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE ESTABLISHMENT OF AN ADDITIONAL MOBILE HOME UNIT BY iNCREASING THE MAXIMUM NUMBER OF MOBILE HOME UNITS AT THE NEWCASTLE TRAILER PARK FROM 18 UNITS TO 19 UNITS AS IT IS MINOR IN NATURE, NOT A DETRIMENT TO THE AREA AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 CllJl-fflgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 445231 ONTARIO LIMITED 445231 ONTARIO LIMITED PROPERTY LOCATION: 8207 HIGHWAY 35/115 NORTHBOUND, CLARKE PART LOT 23, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0029 PURPOSE: TO PERMIT A REDUCTION IN THE MINIMUM FLOOR AREA FOR A HOME IMPROVEMENT STORE FROM 2000 M2 TO 1244 M2. DECISION OF COMMITTEE: APPROVED TO PERMIT A REDUCTION IN THE MINIMUM FLOOR AREA FOR A HOME IMPROVEMENT STORE FROM 2000 M2 TO 1244 M2 AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: June 21,2007 LAST DAY OF APPEAL: July 11, 2007 C/lffmglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: CENTRAL LAKE ONTARIO CONSERVATION ROBERT SCHWIRTZ PROPERTY LOCATION: 121 BARTON ROAD, DARLINGTON PART LOT 24, CONCESSION 8 FORMER TOWN(SHIP) OF DARLINGTON A2007-0031 FILE NO.: PURPOSE: TO PERMIT A REDUCTION IN THE REQUIRED INTERIOR SIDE YARD SETBACK FOR THREE AGRICULTURAL-RELATED BUILDINGS FROM 15 METRES TO 4.1 METRES (PORTABLE FREEZER #2), FROM 15 METRES TO 7.0 METRES (SHED #3) AND FROM 15 METRES TO 14.5 METRES (SHED #4) AND PERMIT A REDUCTION IN THE REQUIRED SETBACK FROM AN ENVIRONMENTAL PROTECTION ZONE FOR TWO BUILDINGS FROM 3.0 METRES TO 0 METRES (SHED #1) AND FROM 3.0 METRES TO o METRES (SHED #5). DECISION OF COMMITTEE: APPROVED TO PERMIT A REDUCTION IN THE REQUIRED INTERIOR SIDE YARD SETBACK FOR THREE AGRICULTURAL RELATED BUILDINGS FROM 15 M TO 4 M, FROM 15M TO 7M AND FROM 15M TO 14.5M & PERMIT A REDUCTION IN THE REQUIRED SETBACK FROM AN ENVIRONMENTAL PROTECTION ZONE FOR TWO BUILDINGS FROM 3 M TO 0 M AS THE APPLICATION IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: LAST DAY OF APPEAL: June 21, 2007 July 11, 2007 CltJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN STEVIC ZARKO STEVIC PROPERTY LOCATION: 5193 OLD SCUGOG ROAD, HAMPTON PART LOT 17, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0032 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 59% OF THE MAIN BUILDING AND REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 2.4 METRES AND INCREASING THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING FROM 5 METRES TO 6.4 METRES. DECISION OF COMMITTEE: TO AMEND THE APPLICATION TO REMOVE THE REQUEST FOR AN EXTERIOR SIDE YARD SETBACK REDUCTION AND APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 59% OF THE MAIN BUILDING AND INCREASING THE MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING FROM 5 METRES TO 6.4 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5,2007 LAST DAY OF APPEAL: July 25, 2007 CbJ!ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DENIS BON DENIS BON PROPERTY LOCATION: 2388 RUNDLE ROAD, DARLINGTON PART LOT 23, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0033 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 52% OF THE PRESCRIBED MINIMUM FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% TO 52% OF THE PRESCRIBED MINIMUM FLOOR AREA SUBJECT TO THE CONDITION THAT THE SMALLER EXISTING SHED BE REMOVED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE PROPOSED GARAGE AS IT IS MINOR IN NATURE, DOES NOT HAVE A DETRIMENTAL IMPACT ON THE ABUTTING PROPERTIES, AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 C!fJlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: EDWARD SMITH EDWARD SMITH FILE NO.: 1547 TAUNTON ROAD, DARLINGTON PART LOT 33, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0035 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 61% OF THE PRESCRIBED MINIMUM FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 61% OF THE PRESCRIBED MINIMUM FLOOR AREA, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007 Cl{Jlpn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HAMILTON AND ASSOCIATE BEVERLY BURGESS FILE NO.: 1538 BLOOR STREET, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0036 PROPERTY LOCATION: PURPOSE: TO PERMIT A BOUNDARY REALIGNMENT CREATING A NEW MELDED LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FOR NON-RESIDENITAL USES FROM 40 HA TO 3.6 HA. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THE NEXT MEETING OF THE COMMITTEE OF ADJUSTMENT. DATE OF DECISION: July 5,2007 LAST DAY OF APPEAL: July 25, 2007 CllJlpn 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 FILE NO.: A2007-0037 PURPOSE: TO PERMIT CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 3.35 METRES, AS PREVIOUSLY APPROVED BY THE COMMITTEE OF ADJUSTMENT, TO 2.75 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN INGROUND SWIMMING POOL BY REDUCING THE REQUIRED EXTERIOR SIDE YARD SETBACK FROM 3.35 METRES, AS PREVIOUSLY APPROVED BY THE COMMITTEE OF ADJUSTMENT, TO 2.75 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: July 5, 2007 LAST DAY OF APPEAL: July 25, 2007