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Home My WebLink AboutPSD-090-08 Cl~-!!Jgton REPORT PLANNING SERVICES Mee.ting: Date: GENERAL PURPOSE AND ADMINISTRA nON MEETING b\v.11 On 4t-~tJfl- Ltlq-Og Monday, September 8, 2008 Report #: PSD-090-08 File No's: A2008.0019 through A2008-0026 By-laW#: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 24th, AUGUST 7th and AUGUST 21sT 2008 RECOMMENDA nONS: It is .respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-09Q.07 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on July 24, August 7 and August 21, 2008 for applications A2008-0019, A2008-0020, A2008- 0021, A2008-0023, A2008-0024, A2008-0025 and A2008-0026, 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 July 24, 2008 for application A2008-0022 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. Reviewed by: C)~ Franklin Wu, Chief Administrative Officer . vid J. Crome, M.C.I.P., R.P.P. Director of Planning Services PW*MK*CP*sh*df 28 August 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-090-08 I I PAGE 2 1.0 APPLICATION DET~ILS 1.1 All applications rece~ed by the Municipality for minor variance are scheduled for a hearing within 30 dats of being received by the Secretary-Treasurer. The purpose of the minor variance i applications and the Committee's decisions are detailed in Attachment 1. The depisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JULV 24, AUGUST 7 AND AUGUST 21,2008 JULY 24 A2008-0019 A2008-0020 A2008-0021 A2008-0022 A rove Table A rove with conditions Den A roved Tabled for max. 6 months A roved with conditions A roved with conditions AUGUST 21 1.2 Application A2008-00~0 was filed to permit the construction of an accessory building by increasing the maxim~m permitted lot coverage from 40% to 65% of the existing main building total floor are~ to a maximum 92 m2, and by increasing the maximum permitted height from 5 metreslto 6.3 metres and by reducing the minimum required setback to the main building from 1.2 metres to 0.9 metres. The subject property ,is a designated heritage property for its existing single detached dwelling and detach~d garage. The existing dwelling is also known as the Waltham Cottage, which was bIJilt in the mid 19th century. Because of the historical significance of the subject property,i it was recommended the application be TABLED until visual displays were provid~d to determine if the proposed garage would have a negative impact on the property and surrounding neighbourhood. Committee concurrediwith Staff's recommendations and the application was tabled for a maximum of six(6) mpnths. 1.3 Application A2008-0~2 was filed to permit the construction of a 70.8 m2 accessory building (detached glirage), by increasing the maximum permitted lot coverage for accessory structures from 40% to 88% of the existing main building total floor area, to a maximum of 135.5 m{ REPORT NO.: PSD-090-08 i [ PAGE 3 Existing on the prop~rty are three (3) accessory structures (2 sh$ds and 1 sunroom) having a total lot co~erageof 42% of the main building total floor area. The existing accessory structures Ihave legal non-complying status as they w~re built prior to the passing of the Zoning! By-law 84-63. [ Staff recommended <,denial of the application as it was not considered to be minor in nature and as the int~nt of the Zoning By-law was not being met. The proposed garage would have resulted ~n a total lot coverage of accessory structures which is more than double what currently exists on the subject property and more than double what is permitted. The existi~g accessory buildings along with the proposed garage would no longer appear subordinate, in size or use, to the principal building. After reviewing the ",pplication and Staff comments the Committee approved the application for a reduped increase in total lot coverage for all accessory buildings from 40% to 59% of the m~in building total floor area, subject to the following conditions: . That the existing ~heds (shed 1 and 2) be demolished within one hundred eighty (180) days of issu~nce of a building permit for the new detached garage; and . That no single ac~ssory building exceed 70.8 m2 in size. 1.4 Application A2008-0Q23 was filed to permit a garden shed with a reduced minimum required interior side yard setback and rear yard setback from 1.2 metres to 0.15 metres and to permit a lean~to building with a reduced minimum required interior side yard setback from 1.2 me~res to 0 metres and by reducing the minimum required setback from the principal buil\:ling from 1.2 metres to 0 metres. This application sought relief from the setback requirements for two non-complying accessory buildings Which had been constructed too close to their respective property lines and, in the case pf the lean-to building, too close to the house. Staff felt that both parjts of the application were not minor in nature, not desirable for the neighbourhood nor dp they conform to the intent of the Zoning By-law. After hearing from the applicant and the neighbouring property owner to the south, the Committee accepted Staffs recommendation and denied all parts of the application. On August 26 Staff !received an appeal of the Committee's decision made by the applicant. The appli~ant advised the structures are maintenance free and satisfy the four tests. Furthermpre, the applicant felt the committee did not treat the accessory buildings as two (2) separate issues. 2.0 COMMENTS 2.1 Staff have reviewed I the Committee's decisions and are satisfi~ that applications A2008-0019, A2008-Q021, A2008-0024, A2008-0025 and A2008-0026 are in conformity with both Official Plan! policies, consistent with the intent of the Zoning By-law, are minor in nature and desirabl~. REPORT NO.: PSD-090-08 ! i PAGE 4 2.2 Council's concurren~e with the decisions of the Committee of Adjustment for applications A200B-0~19, A200B-0020, A200B-0021, A200B-0023, A200B-0024, A200B- 0025 and A2008-00~6 is required in order to afford Staff official status before the Ontario Municipal B~rd in the event of an appeal of any decision of the Committee of Adjustment. 2.3 Council's concurrence is required with Staffs opinion that an appeal by the Municipality on the decision mad~ by the Committee of Adjustment on July 24, 200B for application A2008-0022 is not w~rranted. However, should an appeal be lodged by another party, that Staff be authorited to appear before the Ontario Municipal Board to defend its original recommenda~on. , Attachments: I Attachment 1 - Periodic Repprt for the Committee of Adjustment Attachment 1 _T~ ~eportJ"SD-090-08 Q{J!-i!Jgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BERNHARD KOPP 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 A LIVESTOCK BUILDING (10 CHICKEN COOP) BY. REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 110 METRES TO THE NEAREST NEIGHBOUR'S DWELLINGS. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING (10 CHICKEN COOP) BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 110 METRES TO THE NEAREST NEIGHBOURS DWELLINGS AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 24,2008 LAST DAY OF APPEAL: August 13, 2008 qgglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: NEW CASTLE DRAFTING & DESIGN CATHERINE SMITH PROPERTY LOCATION: 49 DIVISION STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0020 PURPOSE: TO PEMRIT CONSTRUCTION OF AN ACCESSORY BLDG (DETACHED GARAGE) BY INCREASING MAX PERMITTED LOT COVERAGE FROM 40% TO 60% OF MAIN BLOG FLR AREA TO MAX 92 M2 & BY INCREASING THE MAX PERMITTED HIEGHT FROM 5 M TO 6.3 M & BY REDUCING MIN REQ'D SETBACK TO MAIN B DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL FINAL COMMENTS ARE RECEIVED FROM THE SPECIAL PROJECTS BRANCH, FOR A MAXIMUM OF 6 MONTHS. DATE OF DECISION: July 24,2008 LAST DAY OF APPEAL: August 13, 2008 ClC}!-!lJglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GARY CHAPPELL GARY CHAPPELL PROPERTY LOCATION: 4118 CONCESSION RD 4, CLARKE PART LOT 16, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0021 PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 65% OF THE EXISTING MAIN BUILDING FLOOR AREA, TO A MAXIMUM OF 101 M2, AND BY INCREASING THE MAXIMUM HEIGHT OF THE BUILDING FROM 5 METRES TO 6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 65% OF THE EXISTING MAIN BUILDING FLOOR AREA TO A MAXIMUM OF 101 M2 AND BY INCREASING THE MAXIMUM HEIGHT OF THE BUILDING FROM 5 METRES TO 6 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: . THAT NO ADDITIONAL ENTRANCE BE PERMITTED ONTO THE SUBJECT PROPERTY FROM EITHER ROAD FRONTAGE; AND . THAT THE EXISTING SHED BE DEMOLISHED, WITH AN APPROVED DEMOLITION PERMIT, WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ISSUANCE OF A BUILDING PERMIT FOR THE NEW DETACHED GARAGE. AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY- LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: July 24, 2008 August 13, 2008 q(}l-!lJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ATLANTIC ELEMENTS DESIGN TOM KEHOE PROPERTY LOCATION: 4617 CONCESSION RD 3, CLARKE PART LOT 6, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0022 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ACCESSORY STRUCTURES FROM 40% TO 88% (135.5 M2) OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY STRUCTURES FROM 40% TO 59% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA, SUBJECT TO THE FOLLOWING CONDITIONS: . THAT THE EXISTING SHEDS (SHED 1 AND 2) BE DEMOLISHED WITHIN ONE HUNDRED EIGHTY (180) DAYS OF THE ISSUANCE OF A BUILDING PERMIT FOR THE NEW DETACHED GARAGE; AND . THAT NO SINGLE ACCESSORY BUILDING EXCEED 70.8 M2 IN SIZE; AS IT CONFORMS WITH THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY- LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: LAST DAY OF APPEAL: July 24, 2008 August 13, 2008 " r; Cl~jgglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAUL JEFFERSON PAUL JEFFERSON PROPERTY LOCATION: 73 CHERRY BLOSSOM CRESCENT, COURTICE PART LOT 34, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0023 PURPOSE: TO PERMIT CONST. OF A GARDEN SHED BY REDUCING THE MIN REQ'D INTERIOR SIDE YARD SETBACK & REAR YARD SETBACK FROM 1.2 M TO 0.15 M & TO PERMIT CONST. OF A LEAN-TO BLOG BY REDUCING THE MIN REQ'D INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0 M & BY REDUCING THE DECISION OF COMMITTEE: TO DENY THE APPLICATION AS IT IS NOT MINOR IN NATURE; IT IS NOT DESIRABLE FOR THE NEIGHBOURHOOD AND DOES NOT COMPLY WITH THE INTENT OF THE ZONING BY-LAW. DATE OF DECISION: August 7, 2008 LAST DAY OF APPEAL: August 27,2008 CltJl-!l]glon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JAN ANDRINGA JAN ANDRINGA PROPERTY LOCATION: 37 LIBERTY STREET NORTH, BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0024 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.2 METRES. DECISION OF COMMITTEE: TO APPROVE THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE), BY REDUCING THE MINIMUM REQURIED SIDE YARD SETBACK FROM 6 METRES TO 5.2 METRES AS IT IS MINOR IN NATURE, DESIRABLE AND CONFORMS TO THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS. DATE OF DECISION: August 7, 2008 LAST DAY OF APPEAL: August 27,2008 C[fJliggton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DARRYL FIERHELLER DARRYL FIERHELLER PROPERTY LOCATION: 194 SPRUCEWOOD CRESCENT, BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2008-0025 FILE NO.: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRES AND BY REDUCING THE MINIMUM NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) BY REDUCING THE MINIMUM REAR YARD SETBACK FROM 1.2 METRES TO 0.9 METRES BY REDUCING THE MINIMUM NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES WITH THE FOLLOWING CONDITION: . THAT EAVESTROUGHING BE INSTALLED ALONG THE NORTH AND WEST ELEVATIONS OF THE SHED WITH A DOWN SPOUT(S) LOCATED ONLY AT THE SOUTHWEST AND/OR NORTHEAST CORNER OF THE SHED. AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS, MEETS THE INTENT OF THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: August 21, 2008 September 10, 2008 Cl!J!mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ASPEN SPRINGS WEST LTD. ASPEN SPRINGS WEST LTD. PROPERTY LOCATION: 77 REMMINGTON STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0026 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED FRONTAGE FROM 16 METRES TO 13.8 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE PROPOSED EXTERIOR LOT FRONTAGE REDUCTION FROM 16 METRES TO 13.8 METRES AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS, MEETS THE INTENT OF THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: August 21,2008 LAST DAY OF APPEAL: September 10, 2008