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Home My WebLink AboutPSD-098-07 Cl~jJJglon REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION MEETING ~eso\vlhon -ll-Gf?A-SI3 ,0, Meeting: Tuesday, September 4,2007 Report #: PSD-098-07 File No's: A2007 -0036, A2007 -0038, By-law #: A2007-0039, A2007-0040, A2007-0041, A2007-0042, A2007-0043 and A2007-0044 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 26 AND AUGUST 16, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-098-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on July '26, and August 16, 2007 for Applications A2007-0036, A2007-0038, A2007-0039, A2007 -0041 through A2007 -0044 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 concur that an appeal of the decision made by the Committee of Adjustment on July 26,2007 for application A2007-0040 was not warranted. Submitted by: vi . Creme, M.C.I.P., R.P.P. Director of Planning Services Reviewed by:~Q.....:., ~ Franklin Wu, Chief Administrative Officer PW/GF/CP/DC/df/sh/jd August 21, 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-098-07 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 THE COMMITTEE OF ADJUSTMENT FOR JULY 26 AND AUGUST 16, 2007 JULY 26 A2007-0036 A2007-0038 A2007-0039 A2007-0040 A2007 -0041 A2007 -0042 A rove Den and Table A rove Deny A rove A rove A roved Denied and Tabled A roved Approved A roved A roved AUGUST 16 A2007 -0038 A2007-0043 A2007-0044 Denied A roved Approved 1.2 Application A2007-0036 was tabled from an earlier meeting (July 5, 2007) after it was discovered that the required circulation of this application had been incomplete. 1.3 Application A2007-0038 was filed to permit a reduction in the required setback for an accessory structure (hot-tub) to the main building from 1.2 metres to 0.05 metres (2 inches) and to reduce the required interior side yard and rear yard setbacks for an accessory building (shed) from 1.2 metres to 0.07 metres (3 inches) and 0.6 metres respectively. Committee agreed with staff's recommendation as it pertained to the hot-tub and that portion of the application was denied as per staff's recommendation. The appeal period has since expired and no appeals were lodged against the decision on the hot-tub portion of the application. The portion of the application pertaining to the shed was tabled at the July 26, 2007, meeting in order to allow the Applicant sufficient time to eliminate the roof projection extending over the westerly interior side lot line. Further staff determined that there were discrepancies between the measurements that were submitted with the application and the measurements taken by staff in the field. The Applicant indicated their intention to cut back the shed's roof projection across the lot line and apply for the original variance as indicated on their application. A site visit to the property on August 13, 2007, confirmed that the Applicant was yet to cut back the roof projection and they were REPORT NO.: PSD-098-07 PAGE 3 informed that Committee cannot approve a projection across a lot line under any circumstances. At the August 16, 2007, meeting of Committee the portion pertaining to the shed was heard again and Committee denied the application as per staff's request as they found the applied for variance to not be minor or desirable in nature. The applicant has 30 days from August 16, 2007, to bring the shed into compliance with Zoning By-Law 84- 63 which would require them to maintain a 1.2 metre setback from both the westerly interior and northerly rear lot lines. However, should an appeal of the Committees decision be received, staff should be authorized to appear before the Ontario Municipal Board to support denial of this application. 1.4 Application A2007-0040 was filed to permit two accessory buildings (detached garage and garden shed) by increasing the total lot coverage from 40% to 65% of the main building floor area. Originally, a building permit was erroneously issued as staff was unaware that an illegal addition had been made to the detached garage which then resulted in a considerably higher total lot coverage for accessory buildings on the lot. Staff recommended denial of the application as the increase was considered to not be minor in nature. Committee instead approved the variance on total lot coverage for accessory buildings from 40% to 65% of the main building's floor area. Due to the nature of the variance and the limited impact on other properties, it was the opinion of staff that an appeal of this decision was not warranted. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0036, A2007-0039, A2007-0041 through A2007-0044 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 A2007-0036, A2007-0038, A2007-0039, A2007-0041 through A2007-0044 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 Rep_o~ PS~-09_8__0~ C:llJlfflglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HAMILTON AND ASSOCIATE BEVERLY BURGESS PROPERTY LOCATION: 1538 BLOOR STREET, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007-0036 FILE NO.: 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 C/lMinglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: HAMILTON AND ASSOCIATE BEVERLY BURGESS PROPERTY LOCATION: 1538 BLOOR STREET, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007-0036 FILE NO.: 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: APPROVED TO PERMIT A BOUNDARY REALIGNMENT CREATING A NEW MELDED LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FOR NON-RESIDENTIAL USES FROM 40 HECTARES TO 3.6 HECTARES AS IT IS MINOR, DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: July 26,2007 LAST DAY OF APPEAL: August 15, 2007 Clw:mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LEANNE CHOLETTE LEANNE CHOLETTE PROPERTY LOCATION: 4 LIVING COURT, COURTICE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2007-0038 FILE NO.: PURPOSE: TO APPROVE THE CONSTRUCTION OF A DECK BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 6 METRES TO 4.4 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DECISION OF COMMITTEE: DENIED TO PERMIT A REDUCTION IN REQUIRED SETBACK FOR AN ACCESSORY STRUCTURE (HOT-TUB) TO THE MAIN BUILDING FROM 1.2 M TO 0.05 M AS IT IS NOT MINOR OR DESIRABLE IN NATURE AND TO TABLE THE PORTION TO REDUCE THE INTERIOR SIDE AND REAR YARD SETBACKS FOR THE SHED TO THE AUGUST 16, 2007 COMMITTEE MEETING TO ALLOW THE APPLICANT TIME TO CONSIDER OPTIONS AVAILABLE TO THEM. DATE OF DECISION: July 26,2007 LAST DAY OF APPEAL: August 15, 2007 Clw:mglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LEANNE CHOLETTE LEANNE CHOLETTE PROPERTY LOCATION: 4 LIVING COURT, COURTICE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0038 PURPOSE: TO PERMIT A REDUCTION IN REQUIRED SETBACK FOR AN ACCESSORY STRUCTURE (HOT-TUB) TO THE MAIN BLDG FROM 1.2 M TO 0.05 M & TO REDUCE THE REQUIRED INTERIOR SIDE & REAR YARD SETBACKS FOR AN ACCESSORY BLDG (SHED) FROM 1.2 M TO 0.07 M & 0.60 M RESPECTIVELY. DECISION OF COMMITTEE: TO DENY THE PORTION OF THE APPLICATION TO REDUCE THE REQUIRED INTERIOR SIDE YARD AND REAR YARD SETBACKS FOR AN ACCESSORY BUILDING (SHED) FROM 1.2 METRES TO 0.07 METRES AND 0.6 METRES RESPECTIVELY AS IT IS NOT MINOR IN NATURE AND IS NOT DESIRABLE AND THAT THE SHED SHALL BE MOVED INTO COMPLIANCE WITH THE ZONING BY- LAW WITHIN THIRTY (30) DAYS OF THIS DECISION. DATE OF DECISION: August 16,2007 LAST DAY OF APPEAL: September 5,2007 Clwil1glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DAVID MCINTYRE DAVID MCINTYRE PROPERTY LOCATION: 191 KING LANE, HAMPTON PART LOT 19, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0039 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING A MAXIMUM OF 2 HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 84 METRES TO THE NEAREST NEIGHBOURtES DWELLING. DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A LIVESTOCK BUILDING CONTAINING A MAXIMUM OF TWO (2) HORSES BY REDUCING THE AGRICULTURAL SETBACK FROM 300 METRES TO 84 METRES TO THE NEAREST NEIGHBOUR'S DWELLING AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BYLAW SUBJECT TO THE APPLICANT RECEIVING WRITTEN PERMISSION FROM CLOC PRIOR TO RECEIVING A BUILDING PERMIT. DATE OF DECISION: July 26, 2007 LAST DAY OF APPEAL: August 15, 2007 Cl~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: RICK OLAISEN RICK OLAISEN PROPERTY LOCATION: 38 SIMPSON AVENUE, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN (SHIP) OF BOWMANVILLE FILE NO.: A2007-0040 PURPOSE: TO PERMIT TWO ACCESSORY BUILDINGS BY INCREASING THE TOTAL LOT COVERAGE FROM 40% TO 65% OF THE MAIN BUILDING FLOOR AREA. DECISION OF COMMITTEE: APPROVED TO PERMIT TWO ACCESSORY BUILDINGS BY INCREASING THE TOTAL LOT COVERAGE FROM 40% TO 65% OF THE MAIN BUILDING FLOOR AREA AS IT IS MINOR IN NATURE, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: July 26,2007 LAST DAY OF APPEAL: August 15, 2007 CI~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ALFRED BUXCEY ALFRED BUXCEY PROPERTY LOCATION: 56 COUSINS STREET, COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN (SHIP) OF DARLINGTON FILE NO.: A2007-0041 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 48%. DECISION OF COMMITTEE: APPROVED TO PERMIT THE CONSTRUCTION OF A DECK BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 48% AS IT IS MINOR IN NATURE, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: July 26,2007 LAST DAY OF APPEAL: August 15, 2007 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: D.G. BIDDLE AND ASSOCIATES L TO. ALGOMA ORCHARDS LIMITED PROPERTY LOCATION: 3152 HIGHWAY 2, CLARKE PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0042 PURPOSE: TO PERMIT THE CONSTRUCTION OF A WAREHOUSE/STORAGE BUILDING BY INCREASING THE PERMITTED MAXIMUM LOT COVERAGE WITHIN THE "A-4" ZONE FROM 5% TO 36%. DECISION OF COMMITTEE: APPROVED TO PERMIT THE CONSTRUCTION OF A WAREHOUSE/STORAGE BUILDING BY INCREASING THE PERMITTED MAXIMUM LOT COVERAGE WITHIN THE A-4 ZONE FROM 5% TO 36% AS IT IS MINOR IN NATURE, DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: July 26,2007 LAST DAY OF APPEAL: August 15, 2007 CJaIje fl LeadingtlP PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: AMANDA BARNEY AMANDA BARNEY PROPERTY LOCATION: 7 SAWMILL COURT, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2007 -0043 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A DECK BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 6 METRES TO 4.4 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A DECK BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 6 METRES TO 4.4 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: August 16, 2007 LAST DAY OF APPEAL: September 5,2007 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MUNICIPAL SOLUTIONS CLIFFORD POTTER PROPERTY LOCATION: 3191 HIGHWAY 2, CLARKE PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0044 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING FLOOR AREA, SUBJECT TO THE CONDITION THAT THE CURRENT ACCESSORY BUILDING BE REMOVED PRIOR TO THE CONSTRUCTION OF THE NEW BUILDING, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: August 16, 2007 LAST DAY OF APPEAL: September 5, 2007