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HomeMy WebLinkAboutPSD-023-08 Cl~-ilJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, March 17,2008 ResdlA--\-1Or'l ~flPA-~__(;)l,:-o8' Date: Report #: PSD-023-08 File No's: A2008-0001, A2008-0002, By-law #: A2008-0004 and A2008-0005 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF FEBRUARY 14, 2008 AND MARCH 6, 2008. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-023-08 be received; 2. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on February 14, 2008 for application A2008- 0002 and A2008-0004 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to appear before the Ontario Municipal Board to defend its original recommendation.; and 3. THAT Council concurs with the decisions of the Committee of Adjustment made on March 6, 2008 for applications A2008-0001 and A2008-0005 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Da id . Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed bY:O~~~ Franklin Wu, Chief Administrative Officer PW*MK*CP*DC*sh 10 March 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-023-08 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 FEBRUARY 14, 2008 AND MARCH 6 FEBRUARY 14 A2008-0002 A2008-0004 Approve with conditions Den Approved with modified conditions A roved with conditions MARCH 6 1.2 Application A2008-0002 consists of three parts as follows: 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. This application was originally heard on January 31st when the Committee chose to TABLE the entire application until the next meeting on February 14th to allow the applicant time to acquire further evidence related to the age of the storage shed and garden shed. Prior to the meeting held on February 14th, the applicant was able to acquire a sworn affidavit from a neighbour who had lived in the area since 1981. In the affidavit he states that both the storage shed and the garden shed have been on the property since he moved into the area. As a result, both the storage shed and the garden shed REPORT NO.: PSD-023-08 PAGE 3 predate the current Zoning By-law and their sizes have legal non-complying status under the former Zoning By-law (Darlington 2111). Therefore the second part of the variance is no longer required. Staff were in support of the first part of the variance provided that a number of conditions were met which clearly eliminated any evidence of habitable use from the detached garage. This included the removal of all internal plumbing and habitable electrical outlets (i.e. stove and dryer plugs) as well as the removal of a second floor deck and stairs which allowed a separate entrance to the second floor of the garage. The Committee supported removal of the plumbing and chose to include the removal of the stairs as a condition of approval but allow the second floor deck to remain. They also chose to extend the length of time for compliance from ninety (90) days to one hundred and twenty (120). Staff were in support of the third part of the variance. Staff believe that the Committee's decision maintains the intent of their recommendation and therefore an appeal of this decision is unwarranted. However, should an appeal be lodged by another party, Staff have requested that Council authorize them to appear before the Ontario Municipal Board to defend their original recommendation. 1.3 Application A2008-0004 was filed to permit the construction of an accessory building (detached garage) by increasing the maximum permitted lot coverage from 40% to 62% of the prescribed minimum floor area of the main building, up to a maximum of 67.7 m2. Staff recommended denial of this application as the requested detached garage would not be minor in nature nor would it conform to the intent of the Zoning By-law which is for accessory buildings to be incidental and subordinate to the principle use on the lot. The Committee weighed Staffs opinion against the information presented by the applicant and decided to approve the application subject to a front yard setback of 10 metres and an easterly interior side yard setback of 7 metres, in conformity with the applicant's proposed building envelope. In spite of the size of the applicant's house, the Committee decided to permit the applicant to construct a detached garage of a size which would be in keeping with the maximum permitted size of accessory buildings on other properties within the area. Although the Committee of Adjustment decision is contrary to Staffs recommendation, in consideration of the size of the structure permitted, an appeal of this decision was deemed to not be in the best interest of the Municipality. However, should an appeal be lodged by another party, Staff have requested that Council authorize them to appear before the Ontario Municipal Board to defend their original recommendation. REPORT NO.: PSD-023-08 PAGE 4 1.4 Application A2008-0001 consists of three parts as follows: 1. To permit the construction of an accessory structure (deck and stairs) by increasing the maximum permitted lot coverage from 40% to 42% and reducing the required southerly interior side yard setback from 1.2 metres to 0.3 metres. 2. To permit the construction of an accessory building (garden shed) by reducing the required southerly interior side yard setback from 1.2 metres to 0.4 metres and by reducing the required setback to the principal building from 1.2 metres to o metres. 3. To permit the construction of an accessory building (pool shed) by reducing the required southerly interior side yard setback from 1.2 metres to 0.1 metres, by reducing the required easterly rear yard setback from 1.2 metres to 0.9 metres and by reducing the required setback to other accessory buildings from 1.2 metres to 0 metres. This application was originally submitted for a reduced setback to the deck and stairs and was scheduled to be heard on January 31st. However a site inspection of the property revealed that the garden shed and pool shed did not fully comply with the Zoning By-law. Therefore the application was tabled at the request of the applicant to allow him time to amend his application to include these other two accessory buildings. The size of the proposed deck that would be permitted by a reduced side yard setback and an increased lot coverage would create an amenity area in the side yard where one had not been intended by the By-law. Additionally, at the proposed reduced side yard setback the amenity area would be located in close proximity to the nearest neighbour's dwelling. Therefore Staff recommended denial of the first part of the application as it was not minor in nature, it was not desirable for the neighbourhood nor did it conform to the Zoning By-law. The second part of the application was to construct the garden shed with a 0 metres setback to the subject dwelling and a 0.4 metres setback to the side property line. At these setbacks adequate space would not be provided for maintenance of the accessory building, dwelling, fence or landscaping. Since there is sufficient area within the rear yard to accommodate the garden shed Staff recommended denial of the second part of the application as it was not minor in nature, it was not desirable for the neighbourhood nor did it conform to the intent of the Zoning By-law. For the third part of the application, Staff supported a 0.9 metres rear yard setback to the pool shed but recommended denial of a 0.1 metres setback to the side yard and a 0 metres setback to other accessory buildings as it was not minor in nature, it was not desirable nor did it conform to the intent of the Zoning By-law. The Committee's decision concurred with Staff recommendations. 1.5 Application A2008-0005 was filed to permit the construction of a single detached dwelling by reducing the minimum exterior side yard setback from 6.0 metres to 4.5 REPORT NO.: PSD-023-08 PAGE 5 metres and the minimum front yard setback to the dwelling from 4.5 metres to 3.9 metres. The subject property is a corner lot which is narrower at the front of the lot, due to the curvature of Piper Crescent. The lot is therefore wider near the rear of the lot. Even still, the lot was not wide enough to accommodate the width of home and still have enough room to satisfy the 6.0 metre exterior side yard setback. Since there would remain sufficient space between the dwelling and the road to create a buffer between private and public space, Staff recommended approval in part of the application to allow for a reduced exterior side yard setback of 4.5 metres. The applicant was proposing to situate the single detached dwelling closer to the front of the lot resulting in a 12.34 metre rear yard setback and a 3.9 front yard setback to the dwelling. Staff believed that a minor variance to reduce the front yard setback from 4.5 metres to 3.9 metres is not necessary since there is ample room on the lot to move the dwelling closer to the rear of the lot and satisfy both the rear yard setback and the front yard setbacks. The Committee's decision concurred with Staff recommendations. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that the portion of the Committee's decision for application A2008-0001 relating to the reduction of the rear yard setback to an accessory building (pool shed) and application A2008-0002 are 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 A2008-0001, A2008-0002 and A2008-0005 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 Report PSD-023-08 Cl~-fllglon 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 APPROVE THE INCREASE IN THE MAXIMUM PERMITTED HEIGHT FROM 5 M TO 5.6 M FOR AN EXISTING ACCESSORY BUILDING (DETACHED GARAGE), WITH A LEGAL NON-COMPLYING LOT COVERAGE OF 63% OF THE MAIN BUILDING FLOOR AREA, SUBJECT TO THE FOLLOWING CONDITIONS: . THAT ALL INTERNAL PLUMBING AND FIXTURES (INCLUDING TOILETS, SINKS, BATHS AND SHOWERS) BE REMOVED FROM THE DETACHED GARAGE; . THAT ALL ELECTRICAL OUTLETS RELATED TO A HABITABLE USE (STOVE AND/OR DRYER OUTLET) BE REMOVED FROM THE DETACHED GARAGE; . THAT THE EXTERNAL STAIRS BE REMOVED FROM THE WEST SIDE OF THE DETACHED GARAGE; AND . THAT THE ABOVE WORK BE COMPLETED WITH AN APPROVED BUILDING PERMIT WITHIN ONE HUNDRED AND TWENTY (120) DAYS. AND APPROVE THE REDUCTION OF THE MINIMUM REQUIRED NORTHERLY INTERIOR SIDE YARD SETBACK FROM THE STORAGE SHED FROM 1.2 M TO 0.6 M. AS THEY ARE MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD AND CONFORM TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: LAST DAY OF APPEAL: February 14, 2008 March 5, 2008 CllJl-!gglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JAMES DE JONG JAMES DE JONG PROPERTY LOCATION: 2886 CONCESSION RD 3, DARLINGTON PART LOT 6, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2008-0004 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 62% OF THE PRESCRIBED MINIMUM FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) UP TO A MAXIMUM OF 67.7 M2 SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE DETACHED GARAGE BE SETBACK FROM THE FRONT PROPERTY LINE A MINIMUM OF 10 M; AND . THAT THE DETACHED GARAGE BE SETBACK FROM THE EASTERLY INTERIOR SIDE PROPERTY LINE A MINIMUM OF 7 M 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: February 14, 2008 March 5, 2008 Cl!Jljgglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BOB LACE OWNER: BOB LACE PROPERTY LOCATION: 56 KINTYRE STREET, COURTICE PART LOT 32, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0001 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (DECK AND STAIRS) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 42% AND REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.3 METRES. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (GARDEN SHED) BY REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.4 METRES AND BY REDUCING THE REQUIRED SETBACK TO THE PRINCIPAL BUILDING FROM 1.2 METRES TO 0 METRES. TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (POOL SHED) BY REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.1 METRES, BY REDUCING THE REQUIRED EASTERLY REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRES AND BY REDUCING THE REQUIRED SETBACK TO OTHER ACCESSORY BUILDINGS FROM 1.2 METRES TO 0 METRES. DECISION OF COMMITTEE: TO DENY THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (DECK AND STAIRS) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 42% AND REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.3 METRES. TO DENY THE CONSTRUCTION OF AN ACCESSORY BUILDING (GARDEN SHED) BY REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.4 METRES AND BY REDUCING THE REQUIRED SETBACK TO THE PRINCIPAL BUILDING FROM 1.2 METRES TO 0 METRES. TO DENY THE CONSTRUCTION OF AN ACCESSORY BUILDING (POOL SHED) BY REDUCING THE REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METERS TO 0.1 METRES AND BY REDUCING THE REQUIRED SETBACK TO OTHER ACCESSORY BUILDINGS FROM 1.2 METRES TO 0 METRES AS THEY ARE NOT MINOR IN NATURE, NOT DESIRABLE AND DO NOT CONFORM TO THE INTENT OF THE ZONING BY-LAW. TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (POOL SHED) BY REDUCING THE REQUIRED EASTERLY REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRS SUBJECT TO THE FOLLOWING CONDITION: . THAT A BUILDING PERMIT BE ISSUED FOR THE POOL SHED WITHIN SIXTY (60) DAYS OF THIS DECISION BEING MADE FINAL AND BINDING; AND . THAT A POOL ENCLOSURE PERMIT BE SUBMITTED FORTHWITH. 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: March 6, 2008 March 26, 2008 C[tg#Jglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: 673666 ONTARIO LIMITED/CITY HOMES HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 24 PIPER CRESCENT, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0005 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0M TO 4.7M AND THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 6.0M TO 3.9M. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 4.5 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: LAST DAY OF APPEAL: March 6, 2008 March 26, 2008