The URL can be used to link to this page

Home My WebLink AboutPSD-019-08 Cl~il1glOn REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION MEETING KCbO\u..-\-10n*f{iJA -1~-0'6 Monday, February 25, 2008 Meeting: Report #: PSD-019-08 File No's: A2008-0002 A2008-0003 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 31,2008. ONTARIO MUNICIPAL BOARD HEARING OF JANUARY 31, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-019-08 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on January 31, 2008, for applications A2008-0002 and A2008-0003 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: 6 ^-eL~ __ Cl5k vi J. Crome, M.C.I.P., R.P.P. Director of Planning Services Franklin Wu, Chief Administrative Officer PW'CP'DC'sh February 6, 2008 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-019-08 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 JANUARY 31,2008 A2008-0002 Staff Recommendation Approve in part Denv in Dart Approve with conditions Decision of Committee ADDlication Number Tabled A2008-0003 Approved with conditions 1.2 Application A2008-0002 consists of three parts: 1. To permit an increase in the maximum permitted height from 5 metres to 5.6 metres for an existing accessory building (detached garage), with a legal non- complying lot coverage of 63% of the main building floor area. 2. To permit the construction of two accessory buildings (storage shed and garden shed) by increasing the maximum permitted lot coverage from 63% to 84% of the main building floor area. 3. To permit the construction of an accessory building by reducing the minimum required northerly interior side yard setback for the storage shed from 1.2 metres to 0.6 metres. When the applicant purchased the subject property in 2000 there were three existing accessory buildings on site (a detached garage, a steel storage shed and a wooden storage shed). Following a fire in the detached garage, the applicant came into the Municipality to obtain a building permit for the restorations. It was at this time that Staff discovered that the three accessory buildings exceeded Zoning requirements for lot coverage to the main building, height and setbacks. Research conducted by Staff into the age of the detached garage determined that its construction predated the current Zoning By-law and therefore its size had legal non- complying status under the former Zoning By-law (Darlington 2111). The age of the two remaining storage sheds could not be confirmed. Therefore the storage sheds are regulated under the current Zoning By-law to which they did not comply. During the presentation of his variance at the committee meeting, the applicant advised he recently met one of his neighbours who could provide a statement that the two storage sheds had been constructed prior to the current Zoning By-law coming into effect and therefore qualify them for legal non-complying status just like the detached garage. REPORT NO.: PSD-019-08 PAGE 3 Since confirmation of the age of the storage sheds, by means of a sworn affidavit, would preclude the need for the second part of the variance the Committee chose to TABLE the entire application until the next meeting on February 14th to allow the applicant time to acquire further evidence. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that application A2008- 0003 is in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, is minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0002 and A2008-0003, is required in order to afford Staff official status before the Ontario Municipal Board (OMB) in the event of an appeal of any decision of the Committee of Adjustment. 3.0 ONTARIO MUNICIPAL BOARD HEARING ON APPLICATION A2007-0045 3.1 Application A2007-0045 had been originally submitted to the Committee of Adjustment "to permit the construction of an accessory building (shed) by reducing the minimum required southerly interior side yard, northerly interior side yard and westerly rear yard setbacks from 1.2 metres to 0.1 metres, 0 metres and 0.1 metres respectively." Staff had recommended denial of this application as it was not minor in nature, it was not desirable for the neighbourhood nor did it meet the intent of the Zoning By-law. The Committee of Adjustment did not concur with Staff's recommendation and instead approved the application, as applied for, on September 13th, 2007. 3.2 Subsequent to the Committee's decision on September 13th, 2007, Council authorized Staff to file an appeal with the Ontario Municipal Board. A hearing was held by the OMB on January 31, 2008. 3.3 Discussion between municipal staff and the applicant, prior to the appeal hearing, led the applicant to revise his application at the Board hearing. The revised application increased the required setbacks to distances that were satisfactory to both the Planning Services Department and the Engineering Services Department. At the appeal hearing, the OMB member issued a verbal decision acknowledging the revised application which was now acceptable to Staff. The decision read as follows: "To permit the construction of an accessory building (shed) by reducing the minimum required setback for the southerly interior side lot line, northerly interior side lot line and rear lot line from 1.2 metres to 0.6 metres, 0.6 metres and 0.45 metres respectively." Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-019-08 --------- q~ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DENIS BATTAH DENIS BATTAH PROPERTY LOCATION: 3012 COURTICE ROAD, COURTICE PART LOT 29, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2008-0002 FILE NO.: PURPOSE: TO PERMIT AN INCREASE IN THE MAX PERMITTED HEIGHT FROM 5 M TO 5.6 M FOR AN EXISTING, LEGAL NON-COMPLYING ACCESSORY BUILDING (DETACHED GARAGE), WITH A LOT COVERAGE OF 63% OF THE MAIN BUILDING FLOOR AREA. TO PERMIT THE CONSTRUCTION OF TWO ACCESSORY BUILDINGS (STORAGE SHED & GARDEN SHED) BY INCREASING THE MAX PERMITTED LOT COVERAGE FROM 63% TO 84% OF THE MAIN BUILDING FLOOR AREA & BY REDUCING THE MIN REQUIRED NORTHERLY INTERIOR SIDE YARD SETBACK FOR THE STORAGE SHED FROM 1.2 M TO 0.6 M. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL FEBRUARY 14, 2008 TO ALLOW THE APPLICANT MORE TIME TO GET INFORMATION. DATE OF DECISION: January 31, 2008 LAST DAY OF APPEAL: February 20,2008 Cl~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KYLEMORE BY THE LAKE L TO KYLEMORE BY THE LAKE L TO PROPERTY LOCATION: 46 BELSEY LANE, NEWCASTLE VILLAGE PART LOT 30, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2008-0003 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 3.0 METRES INSTEAD OF THE REQUIRED 3.5 METRES TO A PROPERTY ABUTTING A MUNICIPAL SIDEWALK. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FOR A PROPERTY ABUTTING A MUNICIPAL SIDEWALK FROM 3.5 M TO 3.0 M SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE APPLICANT MEET THE NORMAL REQUIREMENTS FOR A RESIDENTIAL BUILDING PERMIT AS IT IS MINOR IN NATURE AND WILL NOT HAVE A DETRIMENTAL IMPACT UPON THE NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: LAST DAY OF APPEAL: January 31, 2008 February 20, 2008