HomeMy WebLinkAboutPSD-054-08
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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
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Franklin Wu,
Chief Administrative Officer
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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
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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