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HomeMy WebLinkAboutPSD-046-08 Cl&inglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIO~ MEETING . db-, -;7 =C'~~l hDYI'ICi(JfJ- 31;;:2-0'2' Monday, May 12, 2008 f1~/ LC Date: Report #: PSD-046-08 File No's: A2007 -0004, A200B-0009, A200B-0010, By-law #: A200B-0011, A200B-0012 and A200B-0013 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 24, 2008. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-046-0B be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 24, 2008 for applications A2008-0009, A200B-0010, A200B-0011, A200B-0012 and A2008-0013, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: D i . Crome, .C.I.P., R.P.P. Director of Planning Services Reviewed by: 0 ~--:...,~ Franklin Wu, Chief Administrative Officer MK*CP*DC*sh April 28, 2008 CORPORATION OF THE MUNICIPALITY OF ClARINGTON 40 TEMPERANCE STREET, BOWMANVlllE, ONTARIO l1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-046-08 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 APRIL 24, 2008 ",', ,'" Staff Recomm...tlon I DRfst.n Number A2007 -0004 Close without prejudice Closed without prejudice A200S-0009 Deny Tabled for Maximum 3 months A200S-0010 Approve with conditions Approved with conditions A200S-0011 Approve with conditions Approved with conditions A200S-00012 Approve with conditions Approved with conditions A200S-0013 Approve with conditions Approved with conditions 1.2 Application A2007-0004 was filed to permit the alteration within an existing building to increase the total floor area from 143 m2 to 237 m2. This application was originally heard by the Committee on April 5th, 2007, at which time the application was tabled for a period of up to twelve (12) months to allow staff to resolve concerns through a site plan amendment approval process. On April S, 200S, a letter was received from the applicant requesting that the file be closed with no specific reasons given for the decision. 1.3 Application A200S-0009 was filed to permit the construction of a farm equipment storage building by reducing the required minimum lot area for an agricultural use from 2 ha to 0.42 ha to permit a non-residential use in an "Agricultural (A) Zone", by reducing the required minimum rear yard setback from 15 metres to 3 metres and by reducing the required minimum interior side yard setback from 15 metres to 9.75 metres (By-law S4-63) & (By-law 2005-109). REPORT NO.: PSD-046-08 PAGE 3 As the subject property is located within the Oak Ridges Moraine, the applicant required a minor variance from both Zoning By-law 84-63 and Zoning By-law 2005-109 for the reduced lot area and the reduced rear and interior side yard setbacks. Staff recommended denial of this application as the requested reduction in lot area from 2 ha to 0.42 ha to permit a non-residential use in an (A) zone would not conform with the intent of the Zoning By-law 84-63 and Zoning By-law 2005-109 as it would be permitting a new use on the property which would otherwise not be permitted. The subject property was severed as a retirement lot with a 0.42 ha lot area, with the purpose of limiting the use of the property to residential uses only. The Committee's decision was to table the application so that the applicant would have an opportunity to revise their original proposal to one that would not be proposing a new use on the subject property. The applicant will have a maximum 3 months to re-submit the minor variance application with revisions, as discussed in the meeting. 1.4 Application A2008-0010 was filed to permit the construction of a single detached dwelling by reducing the minimum required northerly interior side yard setback from 6 metres to 4.4 metres. The applicant was required to submit a minor variance application to correct a surveying error made during the construction of a single detached dwelling on the subject property. The end result was that the dwelling was built too close to the northerly interior side yard property line. Staff recommended approval of this application subject to conditions, as there remained a significant setback between the proposed dwelling on the subject property and the existing dwefling on the neighbour's property to the north. The Committee concurred with Staff recommendations and imposed the following conditions: · That a new grading plan be submitted and reviewed by Engineering staff within 30 days of the minor variance approval 1.5 Application A2008-0011 was filed to permit the construction of a detached garage by increasing the maximum permitted height from 5 metres to 6.25 metres and by increasing the maximum permitted lot coverage from 40% of the main building total floor area to 50%. Staff recommended approval of this application subject to conditions, as the requested increase in height was due to a significant slope on the property which resulted in a variation in height of the detached garage. The increase in height only applies to the rear elevation as the front elevation of the garage is 3.6 metres in height. Staff believes that the subject property is large enough to accommodate a slightly larger accessory structure without becoming the dominant feature of the property. If the detached garage is built with a height of 3.6 metres in the front, the existing single detached dwelling will REPORT NO.: PSD-046-08 PAGE 4 remain the dominant feature of the property and the resulting detached garage will not be detrimental to the character of the neighbourhood. The Committee concurred with Staff recommendations and imposed the following conditions: · That no alteration in existing drainage patterns or adverse affect will occur as a result of construction · That the front elevation does not exceed the maximum height of 5 metres 1.6 Application A2008-0012 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback on street side with a municipal sidewalk, from 4 metres to 3 metres. The subject property is located within a new subdivision currently under construction. The property was sold, and a model of home was chosen based on the assumption that it was a corner lot without a sidewalk. One year after the model was chosen for the subject property, the master plan of the subdivision was revised to change the location of the sidewalk to the side of the street where the subject property is located. As a result, the exterior side yard setback was not large enough to accommodate a 4 metre exterior side yard setback with the style of home chosen by the purchasers of the subject property. Staff recommended approval of this application subject to conditions, as the requested reduction in exterior side yard setback on street side with a municipal sidewalk from 4 metres to 3 metres would still provide enough space to buffer the private from the public space. The Committee concurred with Staff recommendations and imposed the following conditions: · That the initial homeowners of the property sign a letter agreeing with the Committee's decision to approve the variance, prior to the issuance of a building permit 1.7 Application A2008-0013 was filed to permit the enlargement of a legal non-conforming dwelling located in an Environmental Protection Zone by adding a second storey and two decks and stairs to the lake side and westerly side of the dwelling. Staff recommended approval of this application subject to conditions, as the proposed enlargement and extension of the dwelling was approved by CLOCA and did not require a permit from them. Since the natural features that are protected by the Environmental Protection zone will not be adversely affected by the enlargement of the REPORT NO.: PSD-046-08 PAGE 5 home, Staff believes the application conforms with the intent of the Zoning By-law and will not be detrimental to the neighbourhood. The Committee concurred with Staff recommendations and imposed the following conditions: · That the two existing sheds on the property be removed or brought into compliance with the requirements of the Zoning By-law 84-63 within thirty (30) days; and · That the gate used as access to the easterly entrance to the property be removed and replaced with permanent fencing or substantial landscaping to form a barrier from vehicular access A barrier was suggested so that the septic and well found in the easterly portion of the property would not be disturbed by vehicular traffic. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that the Committee's decision to table application A2008-0009 for further revision is justified. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2008-0009, A2008-0010, A2008-0011, A2008-0012 and A2008-0013 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-046-08 ClCJl-i!JglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: J.J. LARACY CONTRACTING JOHN WORDEN PROPERTY LOCATION: 2155 CONCESSION RD 9, DARLINGTON PART LOT 21, CONCESSION 9 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0009 PURPOSE: TO PERMIT THE CONSTRUCTION OF A 9.14 M X 9.75 M (89.2 M2) DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 76%. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR A MAXIMUM OF 3 MONTHS DATE OF DECISION: May 8,2008 LAST DAY OF APPEAL: May 28,2008 CllJl-ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: VEENSTRA CONSTRUCTION LIMITED MIKE WILLOUGHBY PROPERTY LOCATION: 63 WILLIAM ALLIN COURT, CLARKE PART LOT 19, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE A2008-0010 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTHERLY SIDE YARD SETBACK FROM 6 METRES TO 4.4 METRES. DECISION OF COMMITTEE: TO APPROVE THE MINOR VARIANCE TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED NORTHERLY SIDE YARD SETBACK FROM 6 METRES TO 4.4 METRES WITH THE CONDITION THAT A NEW GRADING PLAN IS SUBMITTED AND REVIEWED BY ENGINEERING SERVICES DEPARTMENT WITHIN 30 DAYS AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DESIRABLE. DATE OF DECISION: April 24, 2008 LAST DAY OF APPEAL: May 14, 2008 Cl!ll-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ROY POOLE SUSAN POOLE PROPERTY LOCATION: 86 BALDWIN STREET, NEWCASTLE VILLAGE PART LOT 29, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2008-0011 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY STRUCTURE (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.25 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 50%. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY STRUCTURE (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 6.25 METRES AND BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 50%, AS IT CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN, AND MEETS THE INTENT OF THE ZONING BY-LAW, IS MINOR IN NATURE AND IS DESIRABLE. WITH THE FOLLOWING CONDITIONS: · THAT NO ALTERATION IN EXISTING DRAINAGE PATTERN OR ADVERSE AFFECT WILL OCCUR AS A RESULT OF CONSTRUCTION; AND · THAT THE FRONT ELEVATION DOES NOT EXCEED THE MAXIMUM HEIGHT OF 5 METRES. DATE OF DECISION: April 24, 2008 LAST DAY OF APPEAL: May 14, 2008 Clw:inglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TUNNEY PLANNING INC INTRACORP DEVELOPMENTS L TO PROPERTY LOCATION: 43 MCCORKELL STREET, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0012 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDEYARD SETBACK, ON A STREET SIDE WITH A MUNICIPAL SIDEWALK, FROM 4 METRES TO 3 METRES. DECISION OF COMMITTEE: TO APPROVE THE VARIANCE TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK ON A STREET SIDE WITH A MUNICIPAL SIDEWALK FROM 4 METRES TO 3 METRES WITH THE CONDITION THAT THE INITIAL HOMEOWNER OF THE PROPERTY SIGNS THE ATTACHED LETTER TO AGREE WITH THE COMMITTEES DECISION TONIGHT PRIOR TO ISSUANCE OF A PERMIT, AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW, AND IS DESIRABLE. DATE OF DECISION: April 24, 2008 LAST DAY OF APPEAL: May 14, 2008 CllJl-!!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DURHAM ENGINEERING L TO. GORDON GIFFIN PROPERTY LOCATION: 55 CEDAR CREST BEACH ROAD, BOWMANVILLE PART LOT 13, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2008-0013 FILE NO.: PURPOSE: TO PERMIT THE ENLARGEMENT OF A LEGAL NON-CONFORMING DWELLING LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE BY ADDING A SECOND STOREY AND A DECK. DECISION OF COMMITTEE: TO APPROVE THE VARIANCE TO PERMIT THE ENLARGEMENT OF A LEGAL NON-CONFORMING DWELLING LOCATED IN AN ENVIRONMENTAL PROTECTION ZONE BY ADDING A SECOND STOREY AND A DECK WITH STAIRS WITH THE FOllOWING CONDITIONS: . THAT THE 2 SHEDS BE REMOVED OR BROUGHT INTO COMPLIANCE WITH ZONING BY-LAW 84-63 WITHIN 30 DAYS; AND · THAT THE GATE USED AS ACCESS TO EASTERN SIDE OF THE PROPERTY BE REMOVED AND REPLACED BY PERMANENT FENCING. AS IT IS MINOR IN NATURE, CONFORMS WITH THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DESIRABLE DATE OF DECISION: April 24, 2008 lAST DAY OF APPEAL: May 14, 2008