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Home My WebLink AboutPSD-113-07 Clw:mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, October 1, 2007 Re:$o(u.....+;in-\ ::llGPA. 57+-0( Date: Report #: PSD-113-07 File No's: A2006-0031, A2007 -0045 A2007-0046 By.law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 13, 2007. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-113-07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjuli;tment made on September 13, 2007, for applications A2006-0031 and A2007-0046 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 concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 13, 2007 for application A2007- 0045 is appropriate and that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation. Submitted by: Reviewed by: J.~& -::~'k Franklin Wu, Chief Administrative Officer GF/CP/DJC/sh September 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-113-07 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 SEPTEMBER 13, 2007 Application Number Staff Recommendation September 13,2007 A2006-0031 Approve A2007-0045 Deny A2007 -0046 Approve Decision of Committee Approved Approved Approved 1.1 Application A2006-0031 was originally filed on August 31, 2006 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. The application was heard two additional times prior to the September 2007 meeting and tabled both times. The Applicant has since obtained the required approvals from both Central Lake Ontario Conservation and Durham Regional Health Department to proceed with their proposed new home construction at 105 Cedar Crest Beach Road. At the September 13, 2007, meeting Committee approved the variance as originally applied for in August of 2006. 1.2 Application A2007-0046 proposed setback reductions for an accessibility ramp at a residence with existing reduced setbacks. The application was approved. 1.3 Application A2007-0045 was filed to permit an accessory building (shed), already constructed contrary to the zoning by-law requirements, by reducing the minimum required southerly interior side yard, northerly interior side yard and rear yard setbacks from 1.2 metres to 0.1 metres, 0 metres and 0.1 metres respectively. The application was submitted in response to a complaint received and actions commenced by Municipal Law Enforcement. 1.4 During the hearing the Committee discussed with the Applicant the possibility of moving the shed closer into compliance with the Zoning By-Law. The Applicant told Committee that it might be possible to move the shed although they were concerned that by moving the shed it would result in a decreased ability to use their rear yard as an amenity area because of the lot's irregular shape. 1.5 Several area residents attended the meeting in support of the Applicant's requested variance. The general consensus among residents in attendance was that the shed REPORT NO.: PSD-113-07 PAGE 3 had minimal impact on the neighbourhood and it had been built well enough that no evident drainage problems had been created. 1.6 Clarington Engineering Services reviewed the application and objected to the requested variance indicating that the proposed setbacks would not permit adequate maintenance of the structure itself, the surrounding fence and the surrounding landscaping (drainage). A site visit by Staff to the property confirmed that the current position of the shed in the rear yard provides the Applicant with little or no room to maintain the structure or surrounding fence and could potentially interfere with drainage in the future. Figure 1.0 - Shed in rear yard at 14 Ivory Court in Bowmanville. 1.7 The Committee decided to approve the variance as requested without any changes or added conditions. It is the opinion of Staff that the variance is not minor in nature, does not maintain the intent of the Zoning By-law and is not desirable for the appropriate development of this lot. It is recommended that an appeal of the Committee's decision be pursued. 2.0 CONCLUSIONS 2.1 Staff has reviewed Committee's decisions and are satisfied that applications A2007- 0031 and A2007-0046 are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the decisions of the Committee of Adjustment for applications A2006- 0031 and A2007-0046 is required in order to afford Staff official status before the REPORT NO.: PSD-113-07 PAGE 4 Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. 2.2 Staff has reviewed Committee's decision on application A2007-0045 and have concluded that an appeal of this decision is appropriate. Council's concurrence is required with Staff's opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on September 13, 2007, for application A2007-0045 is necessary and Staff should be authorized by Council to appear before the Ontario Municipal Board to defend its original recommendation. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment No 1 I()R~ort PSD-113-0L C!lJ!iggron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ABBOTT DRAFTING & DESIGN VINCENT D'CRUZ PROPERTY LOCATION: 105 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2006-0031 FILE NO.: 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: APPROVED TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTHEASTERLY INTERIOR SIDE YARD SETBACK FROM 3 METRES TO 1.8 METRES AS IT IS MINOR, DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN, SUBJECT TO A PERMIT BEING OBTAINED FOR DEVELOPMENT FROM CLOCA. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3, 2007 Cl~mglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ROBERT CLARKE ROBERT CLARKE PROPERTY LOCATION: 14 IVORY COURT, BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2007-0045 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD, NORTHERLY INTERIOR SIDEYARD AND REAR YARD SETBACKS FROM 1.2 METRES TO 0.1 METRES, 0 METRES AND 0.1 METRES RESPECTIVELY. DECISION OF COMMITTEE: APPROVED TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD, NORTHERLY INTERIOR SIDE YARD AND REAR YARD SETBACKS FROM 1.2 M TO 0.1 M, 0 M & 0.1 M RESPECTIVELY AS IT IS MINOR, DESIRABLE & MEETS THE INTENT OF THE ZBL & OP. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3,2007 Cl~!i!lglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LIANA SMITH LIANA SMITH PROPERTY LOCATION: 12 VETERANS AVENUE, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2007-0046 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A DISABLED ACCESS RAMP BY INCREASING THE MAXIMUM PROJECTION FROM 1.5 METRES TO A DISTANCE EQUAL TO THE EXISTING FRONT YARD DEPTH AS OF SEPTEMBER 13, 2007 AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 0.15 METRES DECISION OF COMMITTEE: APPROVED TO PERMIT CONSTRUCTION OF A DISABLED ACCESS RAMP BY INCREASING THE MAXIMUM PROJECTION FROM 1.5 METRES TO A DISTANCE EQUAL TO THE EXISTING FRONT YARD DEPTH AS OF SEPTEMBER 13, 2007 AND TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 0.15 METRES AS IT IS MINOR, DESIRABLE AND MEETS THE INTENT OF THE ZONING BY- LAW AND OFFICIAL PLAN. DATE OF DECISION: September 13, 2007 LAST DAY OF APPEAL: October 3, 2007