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Home My WebLink AboutPSD-118-07 Clw:illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING. -1L. rOt:: 7 ~12 . I, L' 'If hfA -:J J....r() Monday, October 22, 2007 ~.>> L'L T IOYl Date: Report #: PSD-118-07 File No's: A2007-0048, A2007-0049 A2007-0050, A2007-0051 &A2007-0052 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 4, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-118-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on October 4, 2007 for applications A2007-0048 through A2007-0052 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: D id . rome, M.C.I.P., R.P.P. Director of Planning Services Rev"""", by, ~( anklin Wu, Af Chief Administrative Officer PW'CP*DC'sh October 5, 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-118-07 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 OCTOBER 4, 2007 A2007-0048 A2007-0049 A2007 -0050 A2007-0051 A2007 -0052 Denial Tablin A rove Approve with conditions A rove 1.2 Application A2007 -0048 was filed to permit the construction of an accessory building (shed) by reducing the required rear yard setback from 1.2 metres to 0.4 metres. Staff found this application to not be minor in nature or desirable as there was no demonstrated need for a variance to reduce the rear yard setback on this property. The lot is approximately 0.5 Ha in size with sufficient room for the shed to be sited in compliance with the required setbacks. 1.3 Application A2007 -0049 was filed to permit the construction of an accessory building (shed) by increasing the maximum permitted lot coverage from 40% to 56% of the main building floor area to a maximum of 62.7 m2 (675 tr). The proposed shed was designed with overhead doors indicative of a garage. Access to the proposed accessory building was required from an open, municipal road. The width of the existing driveway, in front of the house, would not permit access to the building so a new entrance to the property was required. The applicant proposed a driveway which appeared to encroach upon either the existing well and/or the septic bed. Staff recommended tabling the application to allow us the opportunity to consult with the Durham Regional Health Department on the ideal location of the driveway. At the meeting, the applicant proposed a revised location for the driveway eliminating Staffs concerns in this regard. Staff expressed concern that the proposed size increase to 56% of the main building floor area would not be minor. Following discussions with the applicant, the Committee approved the application at 55%, instead of the requested 56%, and placed two conditions on their approval which confirmed the location of the accessory buildings and the second driveway. Staff are satisfied the decision meets the four (4) tests for minor variance. REPORT NO.: PSD-118-07 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0049 through A2007-0052 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 A2007-0048 through A2007-0052 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 1" ~ ~eport!,SQ~ 118-07__ QtJl-i!]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: WILLEM TERLOUW WILLEM TERLOUW PROPERTY LOCATION: 6360 SOLlNA ROAD, DARLINGTON PART LOT 25, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0048 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 1.2 METRES TO 0.4 METRES. DECISION OF COMMITTEE: TO DENY THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 1.2 METRES TO 0.4 METRES AS IT IS NOT MINOR AND WOULD HAVE A DETRIMENTAL EFFECT ON THE NEIGHBOURHOOD. DATE OF DECISION: October 4,2007 LAST DAY OF APPEAL: October 24,2007 CllJr-!!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEIL MCCLATCHEY DIANE MCCLATCHEY PROPERTY LOCATION: 3500 GIBSON ROAD, CLARKE PART LOT 35, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0049 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 56% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 62.7 M2 (675 FT2). DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING FLOOR AREA SUBJECT TO THE FOLLOWING CONDITIONS: THAT THE PIGEON COOP BE RELOCATED ALONG THE REAR PROPERTY LINE; & THAT THE APPLICANT RECEIVE AN ENTRANCE PERMIT FROM THE MUNICIPALITY FOR A SECOND ENTRANCE ALONG THE NORTHERN PROPERTY LINE, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: October 4,2007 LAST DAY OF APPEAL: October 24,2007 Cl~fflglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MICHAEL DEFRIETAS MICHAEL DEFRIETAS PROPERTY LOCATION: 3360 OLD SCUGOG ROAD, DARLINGTON PART LOT 15, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0050 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 15 METRES TO 7 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 15 METRES TO 7 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS. DATE OF DECISION: October 4,2007 LAST DAY OF APPEAL: October 24,2007 a. f1 L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VERMONT VILLAGE HOMES LIMITED VERMONT VILLAGE HOMES LIMITED PROPERTY LOCATION: 7 SCOTTSDALE DRIVE, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2007-0051 PURPOSE: TO PERMIT THE CONSTRUCTiON OF A DWELLING BY REDUCING THE MININUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 5.3 METRES. DECISION OF COMMITTEE: TO APPROVE CONSTRUCTION OF A DWELLING BY REDUCING THE MIN REQUIRED REAR YARD SETBACK FROM 7.5 M TO 5.3 M, SUBJECT TO THE FOLLOWING CONDITIONS BEING REGISTERED ON TITLE: 1. THE REAR (SOUTH) YARD OF THE SUBJECT LOT IS LESS THAN THE MUNICIPALITY'S DESIGN STANDARD OF A MIN 6 METRES DEPTH FOR AMENITY AREAS IN THE REAR YARD DUE TO DWELLING ORIENTATION AND GRADING REQUIREMENTS; AND 2. THE FRONT YARD SETBACK REQUIRED FROM THE SCOTTSDALE DRIVE ROAD ALLOWANCE is 4.5 METRES FOR THE MAIN DWELLING AND ALL DETACHED ACCESSORY BUILDINGS AND STRUCTURES. AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONiNG BY-LAW AND OFFICIAL PLANS DATE OF DECISION: LAST DAY OF APPEAL: October 4, 2007 October 24, 2007 Cl~-!!Jglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN & JOHANNE TAYLOR JOHN & JOHANNE TAYLOR PROPERTY LOCATION: 23 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0052 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (DECK) BY INCREASING THE MAXIMUM OVERALL LOT COVERAGE FROM 40% TO 45%. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTRE (DECK) BY INCREASING THE MAXIMUM OVERALL LOT COVERAGE FROM 40% TO 45% AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS. DATE OF DECISION: October 4, 2007 LAST DAY OF APPEAL: October 24,2007