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Home My WebLink AboutPSD-038-08 CI~gron REPORT PLANNING SERVICES Date: GENERAL PURPOSE AND ADMINISTRATION MEETING Monday, April 14, 2008 \<e:::ok1on::l\:- rlt PA - Q 6'3 -0 g Meeting: Report #: PSD-038-08 File No's: A2008-0006, A2008-0007 and By-law #: A2008-0008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 27, 2008. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-038-08 be received; and, 2. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 27, 2008, for application A2008-0008, 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. 3. THAT Council concurs with the decisions of the Committee of Adjustment made on March 27, 2008 for applications A2008-0006 and A2008-0007, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David Direct o~:~ Reviewed by: ~ Franklin Wu, Chief Administrative Officer MK*CP*DC*sh April 4, 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-038-08 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 MARCH 27, 2008 A Iication Number A2008-0006 A2008-0007 Staff Recommendation A rove rove with conditions A2008-0008 Den Decision of Committee A rove A rove with conditions Approve in part with conditions 1.2 Application A2008-0006 was filed to permit the reduction of front yard setback to a private garage from 6.0 metres to 5.7 metres for an existing dwelling. Staff recommended approval of this application and the Committee's decision concurred with Staff recommendations. 1.3 Application A2008-0007 was filed to permit the construction of a single detached dwelling with an attached garage projecting in front of the dwelling 8.5 metres, instead of the maximum permitted 3 metres. Staff recommended approval of this application subject to conditions, as the requested garage projection of 8.5 metres from the front of the dwelling is to allow for the construction of an attached garage. The application is for a custom designed house with a garage located in front of the dwelling having the vehicular garage doors facing the side lot line, rather than the street. The side of the garage facing the street will have 3 windows and provide an attractive streetscape. The Committee concurred with Staff recommendations and imposed the following conditions: . That the applicant meets all of the normal municipal requirements prior to the issuance of a building permit; and . That the vehicular doors of the garage face either side lot line, but not the front property line (Prestonvale Road). 1.4 Application A2008-0008 was filed to permit the construction of an accessory structure (shed) by reducing the minimum required setback to the main building from 1.2 metres to 0.45 metres and to reduce the required easterly side yard setback from 1.2 metres to 0.35 metres. Staff recommended denial of this application. The Committee weighed Staffs opinion against the information presented by the applicant and decided to approve the REPORT NO.: PSD-038-08 PAGE 3 application. The information presented by the applicant illustrated how the existing landscaping (interlocking porch) and the location of the existing window of the house were factors which would make it difficult for the shed to be moved further from the fence in its current location. The Committee decided to permit a 0.35 metre easterly side yard setback and require a 0.6 metre setback from the shed to the main building subject to the following conditions: . That any future buildings in this location be no taller or no greater in size than the current existing shed; and . That the shed be moved 0.6 metres from the dwelling within 90 days The limitations on the size of future accessory structures on the property was included in the conditions so that the construction of a larger shed with a greater height would not be permitted 0.35 metres from the fence and 0.6 metres from the dwelling. The Committee believes that the reduced setbacks would not be appropriate for a larger structure in this location. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions for application A2008-0008. Although Staff did not support a reduction of the easterly interior side yard setback of 0.35 metres, after discussing Committee's decision with Building and Engineering Services staff it is recommended not to appeal the decision. The approved 0.35 easterly interior side yard setback will not create significant drainage issues or significant building issues, and the conditions imposed ensure that a larger structure is not constructed in this location. Therefore, Staff believes an appeal by the Municipality for the decision made by the Committee of Adjustment on March 27, 2008 for application A2008-0008 is not warranted. However, should a third party appeal be received on this application staff would support their original recommendation. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0006, A2008-0007 and A2008-0008 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-038-08 ----------------- Cl~-il]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHAWN VAN ANDEL MARY BADEAU PROPERTY LOCATION: 2361 PRESTONVALE ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2008-0006 FILE NO.: PURPOSE: TO PERMIT THE REDUCTION OF THE MINIMUM REQUIRED FRONT YARD SETBACK TO A PRIVATE GARAGE FROM 6 METRES TO 5.7 METRES. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE MIN REQUIRED FRONT YARD SETBACK TO A PRIVATE GARAGE FROM 6 METRES TO 5.7 METRES AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 27, 2008 LAST DAY OF APPEAL: April 16, 2008 Cl!Jl-mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: SHAWN VAN ANDEL KIM ENGEL PROPERTY LOCATION: 2310 PRESTONVALE ROAD, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2008-0007 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN ATTACHED GARAGE PROJECTING IN FRONT OF THE DWELLING 8.5 METRES, INSTEAD OF THE MAXIMUM PERMITTED 3 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN ATTACHED GARAGE PROJECTING IN FRONT OF THE DWELLING 8.5 METRES, INSTEAD OF THE MAXIMUM PERMITTED 3 METRES AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE APPLICANT MEETS ALL OF THE NORMAL MUNICIPAL REQUIREMENTS PRIOR TO THE ISSUANCE OF A BUILDING PERMITS; AND . THAT THE VEHICULAR DOORS OF THE GARAGE FACE EITHER SIDE LOT LINE, BUT NOT THE FRONT PROPERTY LINE (PRESTONVALE ROAD). DATE OF DECISION: March 27, 2008 LAST DAY OF APPEAL: April 16, 2008 CllJl-!!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TREDEO PRASAD TREDEO PRASAD PROPERTY LOCATION: 5 SCHOONER LANE, NEWCASTLE VILLAGE PART LOT 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2008-0008 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (SHED) BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE MAIN BUILDING FROM 1.2 M TO 0.45 M AND TO REDUCE THE REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2M TO 0.35M. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (SHED) BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE MAIN BUILDING FROM 1.2 METRES TO 0.6 METRES AND REDUCE THE REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES TO 0.35 METRES WITH THE FOLLOWING CONDITIONS: . ALL FUTURE STRUCTURES IN THIS LOCATION ARE NO TALLER OR GREATER IN SIZE THAN THE EXISTING CURRENT SHED; . THE EXISTING SHED MUST BE MOVED WITHIN 90 DAYS AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW, MEETS THE INTENT OF THE OFFICIAL PLAN AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: March 27, 2008 April 16, 2008