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Home My WebLink AboutPSD-069-08 ClOOlJgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEET~G Monday, July?, 2008 ~esokdiO)1-!tt;P~ J'h~-cb Date: Report #: PSD-069-08 File No's: A2008-0019 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 12, 2008. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-069-08 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 June 12, 2008 for application A2008-0019 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: Davi rome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: r) I'-~~ OL. Franklin Wu, Chief Administrative Officer PW'CP'sh 23 June 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-069-08 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. DECISION OF COMMITTEE OF ADJUSTMENT FOR JUNE 12,2008 Application Staff Decision Number Recommendation of Committee Approve with conditions A2008-0019 Denv and amend aoolication 1.2 Application A2008-0019 was filed to permit the construction of an accessory building (detached garage) to a maximum of 111.5 m2 by increasing the maximum permitted lot coverage from 40% to 66% of the main building floor area. The property currently contains three detached accessory buildings (pool shed, wood shed and tool shed) with a combined aggregate floor area of 39.4 m2 which equates to a lot coverage of 17% of the main building floor area. The applicant stated that, in addition to his existing accessory buildings, he required an additional 111.5 m2 (30' x 40') detached garage in order to accommodate his personal vehicles, recreational vehicles as well as provide extra storage space and room for a workshop. The proposed detached garage would add a further 49% lot coverage for a total of 66% lot coverage of the main building floor area. When questioned on his need for all of these buildings, the applicant indicated that he would be willing to amalgamate the contents of some of his accessory buildings if required. The Zoning By-law states that accessory buildings must remain incidental and subordinate, in use and appearance, to the principle use on the lot. It was staff's opinion that the requested increase in lot coverage from the permitted 40% (91.4 m2) to the requested 66% (150.9 m2) of the main building floor area, which represented an increase of 59.5 m2, was not minor in nature, not desirable nor did it conform to the intent of the Zoning By-law. Therefore it was staff's recommendation that the application, as submitted, be denied. The Committee of Adjustment decided that on a 4 ha rural lot a single accessory building with a lot coverage of 49% (111.5 m2) of the main dwelling was minor in nature, was appropriate for development on this lot and conformed to the intent of the Zoning By-law and both Official Plans. This opinion was then extended to include the pool shed, wood shed and the enclosed portion of the tool shed without the need to consolidate the contents of any of these buildings. The resulting decision amounted to an increase in the maximum permitted lot coverage from 40% to 66% of the main building floor area. REPORT NO.: PSD-069-08 PAGE 3 Although the Committee of Adjustment decision is contrary to staffs recommendation, the conditions attached to the decision ensure that no single accessory building can exceed 111.5 m2 in size and that the detached garage can be located no closer to the front of the property than the existing dwelling. In consideration of the size and location of the property and the maximum size of all permitted structures, 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. During a site inspection of the property, a previously undisclosed chicken coop was observed on the applicant's property. The coop was constructed by the applicant after he purchased the property in 1991. Therefore this agricultural building does not predate the nearest neighbour's dwellings and must comply with Ministry of Agriculture Minimum Distance Separation (MDS) requirements. Being previously unaware that the chicken coop did not comply, the applicant requested that his application be amended, at his cost, to allow it to be recirculated to reduce the minimum required agricultural setbacks from the chicken coop to the nearest neighbours dwellings in compliance with MOS. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment OJ. U L~~ ATTACHMENT 1 TO REPORT PSD-069-08 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT OWNER/APPLICANT: BERNHARD KOPP PROPERTY LOCATION: 6800 ENFIELD ROAD, DARLINGTON PART LOT 31, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0019 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) TO A MAXIMUM OF 111.5 M2 BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 66% OF THE MAIN BUILDING FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 66% OF THE MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 150.9 M2, SUBJECT TO THE FOLLOWING CONDITIONS: · THAT NO ADDITIONAL ENTRANCE BE PERMITTED; · THAT THE DETACHED GARAGE BE LOCATED NO CLOSER THAN 15 METRES FROM THE FRONT PROPERTY LINE; . THAT NO SINGLE ACCESSORY BUILDING EXCEED 111.5 M2 IN SIZE; . THAT THE GARDEN SHED AND STORAGE CRATES, AS IDENTIFIED IN THE ATTACHED PHOTOGRAPHS, BE REMOVED FROM THE PROPERTY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE DETACHED GARAGE; · THAT THE UNENCLOSED PORTION OF THE TOOL SHED BE REMOVED WITH AN APPROVED DEMOLITION PERMIT WITHIN ONE HUNDRED AND EIGHTY (180) DAYS FROM THE ISSUANCE OF THE BUILDING PERMIT FOR THE DETACHED GARAGE; . THAT FOUR (4) CEDARS BE PLANTED TO THE EAST OF THE PROPOSED GARAGE WITHIN NINETY (90) DAYS; AND · THAT A POOL ENCLOSURE PERMIT BE SUBMITTED FORTHWITH. AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND THE APPLICATION BE AMENDED AND RECIRCULATED TO REDUCE THE MINIMUM REQUIRED AGRICULTURAL SETBACK FOR THE CHICKEN COOP, TO THE NEAREST NEIGHBOUR'S DWELLING, IN COMPLIANCE WITH MINIMUM DISTANCE SEPARATION (MDS). View of Garden Shed facing east June 3, 2008 View of Storage Crates facing north June 3, 2008 DATE OF DECISION: LAST DAY OF APPEAL: May 29, 2008 June 18, 2008 804