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Home My WebLink AboutPSD-136-07 Cl~J!ilJglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING ~~\U~60~rA-~~b-Ol Monday, November 19,2007 Date: Report #: PSD-136-07 File No's: A2007-0055,A2007-0057 A2007-0058, A2007-0059 & A2007-0060 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF NOVEMBER 8, 2007 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-136-07 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 8, 2007 for applications A2007-0055, A2007-0057, A2007-0059 and A2007- 0060 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 3. THAT Council does not concur with the decisions of the Committee of Adjustment made on November 17, 2006 for application A2007-0058 and authorizes staff to appeal the decision of the Committee of Adjustment to the Ontario Municipal Board. Submitted by: Davi . Crome, M.C.I.P., R.P.P. Director of Planning Services R",,;ewed by' <<~ . V Franklin Wu, -0 Chief Administrative Officer PW*CP*DC*sh November 13, 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-136-07 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 NOVEMBER 8, 2007 A2007-0057 A2007 -0058 A2007 -0059 A2007-0060 A rove Den Table Approve with conditions Decision of Committee Approved with conditions A roved A roved Tabled Approved with conditions Application Number A2007 -0055 Staff Recommendation Approve with conditions 1.2 Application A2007-0058 was filed to permit the enlargement of an accessory building (detached garage) by increasing the maximum permitted height from 5 metres to 5.7 metres. The applicant had originally applied for, and received approval for, a minor variance (A2007-0044) 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, on August 16th, 2007. A building permit was subsequently submitted for the construction of a detached garage at this property. During a review of the building permit for Zoning By-law compliance Staff made an error in reviewing the drawings. The height of the proposed building was actually 5.4 metres which exceeded the 5.0 metres maximum height requirement permitted under the Zoning By-law. While the garage was under construction it was brought to Staff's attention that the building was even taller in size than the dimensions indicated on the approved building permit. Measurements taken by the Clarington Building Division confirmed that the building's walls were two feet (2') taller than indicated on the building drawings. This increased the height of the already non-complying building to 6.03 metres. The Building Division issued a stop work order until the revised drawings could be reviewed by Staff. The applicant proceeded to satisfy the requirements of the Building Division while filing another minor variance application to recognize the non-complying height of his building. REPORT NO.: PSD-136-07 PAGE 3 The application was circulated as a height variance from 5.0 metres to 6.1 metres. This is done in order to create a margin of error which allows for slight discrepancies in height measurement or ground settling during and after construction. Staff noted that the proposed height increase from 5.0 metres to 6.03 metres would result in an increase of 20%. Staff did not find this increase to be minor in nature. Research was conducted into the maximum size of recreational vehicles (RVs) for which the applicant intends to use the detached garage. It was found that the largest commercially available RVs were no taller than 3.9 metres (12.75 feet) in height. The largest overhead door in the new garage measures 4.9 metres (16 feet) in height. Staff did not feel that an additional 1 metre of clearance, above the top of the RV, was required and therefore the need for the height requirement for this purpose had not been demonstrated. Staff conducted site inspections of the surrounding neighbourhood and found that none of the adjacent properties had detached accessory buildings which exceeded the 5.0 metres maximum height requirement. Therefore Staff did not find the it to be a desirable form of development for the surrounding neighbourhood. The committee members disagreed with staff's evaluation of the 1.1 metres height increase in stating that the new garage was only visible when travelling eastbound on Regional Highway 2 and not from in front of the dwelling, from Kurve Inn Road or while travelling westbound on Regional Highway 2. 1.3 Application A2007-0059 was filed to permit the extension of a legal non-conforming dwelling, located in an Environmental Protection Zone, by adding a 47.5 m2 second storey and a 12 m2 first floor addition to the existing dwelling. Further review of this application revealed that an 8 m2 covered porch area had not been identified on the initial application and public notice. In order to re-circulate the application for the correct floor areas and to allow time to receive all outstanding agency comments, staff recommended that this application be Tabled until a meeting to be scheduled for Thursday, December 6th 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2007-0055, A2007-0057, A2007-0059 and A2007-0060, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable for the appropriate development of the respective properties. Council's concurrence with the decisions for applications A2007-0055, A2007-0057, A2007-0059 and A2007-0060, is required in order to afford Staff official status before the Ontario Municipal Board in the event of an appeal. REPORT NO.: PSD-136-07 PAGE 4 2.2 It is recommended that Council appeal the decision of the Committee of Adjustment with respect to application A2007-0058. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-136-07 - ------.------ Cltgmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: EATLY DRAFTING MARIE NARINI PROPERTY LOCATION: 6186 ENFIELD ROAD, DARLINGTON PART LOT 31 & 32, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON A2007 -0055 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 100% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 223 M2. 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 EXISTING MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 123 M2, SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE DETACHED GARAGE BE SETBACK AS PROPOSED A MINIMUM OF 42 METRES FROM THE FRONT PROPERTY LINE AND 24 METRES FROM THE SOUTHERLY INTERIOR PROPERTY LINE; . THAT NO ADDITIONAL DRIVEWAY BE PERMITTED FOR ACCESS TO THE ACCESSORY BUILDING; . THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION; . THAT WRITTEN PERMISSION IS OBTAINED FROM CENTRAL LAKE ONTARIO CONSERVATION AUTHORITY PRIOR TO CONSTRUCTION ON THIS SITE; AND . THAT A MINIMUM OF (20) TWENTY SPRUCE TREES REMAIN AS NATURAL SCREENING ALONG ENFILED ROAD, AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS.: DATE OF DECISION: LAST DAY OF APPEAL: November 8, 2007 November 28, 2007 CI(}l~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LIFESTYLE SUNROOMS SHEL MCILMOYLE PROPERTY LOCATION: 15 NIAGARA TRAIL, WILMOT CREEK PART LOT 3, CONCESSION BF FORMER TOWN (SHIP) OF DARLINGTON A2007-0057 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 4.27 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ADDITION TO THE PRIMARY DWELLING BY REDUCING THE REQUIRED LOT LINE SETBACK FROM 7.5 METRES TO 4.27 METRES AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: November 8,2007 LAST DAY OF APPEAL: November 28,2007 Q!J!-!llglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MUNICIPAL SOLUTIONS ROD COCHRANE PROPERTY LOCATION: 3191 HIGHWAY 2, CLARKE PART LOT 35, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2007-0058 PURPOSE: TO PERMIT THE ENLARGEMENT OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.1 METRES. DECISION OF COMMITTEE: TO APPROVE THE ENLARGEMENT OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.09 METRES AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: November 8,2007 LAST DAY OF APPEAL: November 28, 2007 C[fll-!!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TERA NICHOLSON TERA NICHOLSON PROPERTY LOCATION: 62 OLD KINGSTON ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2007-0059 PURPOSE: TO PERMIT THE EXTENSION OF A LEGAL NON-CONFORMING DWELLING, LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE, BY ADDING A 12 M2 FIRST FLOOR ADDITION AND A 47.5 M2 SECOND STOREY ADDITION TO THE EXISTING DWELLING. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THURSDAY, DECEMBER 6, 2007 DATE OF DECISION: November 8,2007 LAST DAY OF APPEAL: November 28,2007 ClllKjgglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GARY CHAPPELL GARY CHAPPELL PROPERTY LOCATION: 4118 CONCESSION RD 4, CLARKE PART LOT 16, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE A2007 -0060 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40% TO 65% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 SQUARE METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM ALLOWABLE LOT COVERAGE FROM 40% TO 65% OF THE MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 M2 AS IT IS MINOR, DESIRABLE, AND MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS SUBJECT TO THE REMOVAL OF THE EXISTING SHED BY JUNE 30, 2008 AND PROVIDED THAT NO EXISTING DRAINAGE PATTERNS ARE ALTERED OR ADVERSELY AFFECTED AS A RESULT OF CONSTRUCTION. DATE OF DECISION: November 8, 2007 LAST DAY OF APPEAL: November 28,2007