HomeMy WebLinkAboutPSD-046-08
Cl&inglOn
REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATIO~ MEETING . db-,
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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