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HomeMy WebLinkAboutPSD-054-08 Cl~illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Resokt~0t1~~A-3L\.S- (J'l:, Monday, June 2, 2008 Date: Report #: PSD-054-08 File No's: A2008-0009, A2008-0015 and A2008-0016 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 8, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-08 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 8, 2008 for applications A2008-0009 and A2008-0016 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on May 8, 2008 for application A2008-0015 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. Submitted by: David rome, M.C.I.P., R.P.P. Director of Planning Services R. d b .'\ ~J2u--k~J2~ t?~'L eVlewe y: U Franklin Wu, Chief Administrative Officer PW*CP*DC*df 20 May 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-054-08 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 MAY 8,2008 A rove A rove with conditions A2008-0016 A rove with modified conditions 1.2 Application A2008-0015 was filed to permit the construction of a sunroom addition to a single detached dwelling by reducing the minimum required rear yard setback from 7.5 metres to 4.1 metres. Staff recommended DENIAL of this application as the proposed variance would represent a 45% decrease of the required rear yard setback which was not considered to be minor in nature. The Committee considered Staffs opinion and decided to approve the application for a single storey sunroom addition, not exceeding 13.4 m2 in size, subject to the existing garden shed being either removed from the property or moved into compliance with the requirements of the Zoning By-law within thirty (30) days. . Although the Committee of Adjustment decision is contrary to Staffs recommendation, in consideration of the size of the addition relative to the size of the property, 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. 1.3 Application A2008-0016 was filed to permit the construction of an attached garage to an existing single detached dwelling by reducing the minimum required southerly interior side yard setback from 2 metres to 0.9 metres. Staff recommended approval of this application subject to a number of conditions including that the proposed garage be no taller than 1 storey (4 metres) in height. The height for an attached garage is measured from the lowest point of finished grade to the midpoint of the roof line. Due to the downward slope of the grade of the lot towards the rear of the property, the Committee was concerned that the 4 metre maximum height would not allow the garage to be located, as proposed, beside and behind the existing REPORT NO.: PSD-054-08 PAGE 3 dwelling. Therefore the Committee modified the Staff's recommended condition to include that the proposed garage be no taller than 1 storey (5 metres) in height. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2008-0009 and A2008-0016, are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for Applications A2008-0009 and A2008-0016, 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-054-08 ClfJljgglon 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 A2008-0009 FILE NO.: 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 APPROVE THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA TO 76%, TO A MAXIMUM OF 90 M2, AS IT IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: May 8,2008 LAST DAY OF APPEAL: May 28,2008 qfJljgglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: LIFESTYLE SUNROOMS PETER & LINDA METCALF PROPERTY LOCATION: 15 FARNCOMB CRESCENT, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0015 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SUNROOM ADDITION TO A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 4.1 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF A 13.4 M2 SINGLE STOREY SUNROOM ADDITION TO A SINGLE DETACHED DWELLING AT THE REAR OF THE EXISTING HOUSE BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 M TO 4.1 M SUBJECT TO THE FOLLOWING: · THAT THE SHED BE REMOVED OR MOVED INTO COMPLIANCE WITHIN 30 DAYS AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: LAST DAY OF APPEAL: May 8, 2008 May 28, 2008 CllJl-!lJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TIMOTHY HEGARTY TIMOTHY HEGARTY PROPERTY LOCATION: 2789 MAPLE GROVE ROAD, DARLINGTON PART LOT 18, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0016 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED GARAGE TO AN EXISTING SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 2 METRES TO 0.9 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ATTACHED GARAGE TO AN EXISTING SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FROM 2 METRES TO 0.9 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: · THAT THE GARAGE NOT EXCEED 45 FEET IN LENGTH; . THAT THE GARAGE IS A MINIMUM OF 16 FEET TO THE CLOSEST DISTRIBUTION PIPE IN THE SEWAGE SYSTEM; AND · THAT THE PROPOSED ATTACHED GARAGE IS NO TALLER THAN ONE (1) STOREY (5 METRES) IN HEIGHT AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: LAST DAY OF APPEAL: May 8, 2008 May 28, 2008