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Home My WebLink AboutPSD-097-08Leading [he Way ~~~~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, October 6, 2008 ~~`~~`'~"~`~~# El PA "S~-c~~ Report #: PSD-097-08 File No's: A2008-0027, A2008-0028 By-law #: A2008-0029 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 18, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-097-08 be received; 2. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 18, 2008 for application A2008- 0028 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; and, THAT Council concurs with the decisions of the Committee of Adjustment made on September 18, 2008 for applications A2008-0027 and A2008-0029 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: "--~ Reviewed by: ~ vv~ D id Crome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer MK/CP/sh September 26, 2008 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-097-08 1.0 APPLICATION DETAILS PAGE 2 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 applidations and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are summarized below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR SEPTEMBER 18, 2008 1.2 Application A2008-0028 was filed to permit the construction of an attached carport by reducing the minimum required easterly interior side yard setback from 6 metres to 0.6 metres. Staff recommended denial of this application as the proposed variance was not considered to meet the intent of the Zoning By-law, be minor in nature or desirable. The staff report detailed how these three (3) tests were not being satisfied. The Committee considered StafFs opinion and decided to approve the application for a carport with a reduced interior side yard setback of 0.6 metres subject to the condition that all the unobstructed sides of the carport, as indicated on the submitted drawings, would remain unobstructed and that the applicant shall receive Regional Health Department approval prior to construction. In forming their decision the Committee noted the subject property currently has a large amount of mature vegetation along Prince Rupert Drive, and the proposed location of the carport is not visible from the road due to this vegetation. There also exists a mature hedge row, on the neighbouring property, along the shared property line providing a natural screening. The carport will therefore not be seen from the neighbouring property to the east, or from the road. It was also noted by Committee that the existing neighbouring dwelling to the east is set back considerably from the subject dwelling/proposed carport, and a hydro easement located in the rear of the neighbouring property would limit the possibility for future development in their rear yard. Therefore the same amount of privacy which currently exists between neighbouring properties will continue to be maintained if the proposed carport was approved. The Committee also received three (3) separate letters from three (3) separate neighbours along Prince Rupert Drive in support of the application (including the adjacent neighbour to the east). REPORT NO.: PSD-097-08 PAGE 3 In reviewing the Committee's decision, the Engineering Services Department advised that there shall be no significant drainage issues due to the construction of the carport as the applicant is still required to comply with the Site Alteration By-law No. 2008-114 during construction. Although the Committee of Adjustment decision is contrary to Staffs recommendation, in consideration of support from the neighbourhood and existing conditions an appeal of this decision is deemed not to 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. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2008-0027 and A2008-0029, 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 A2008-0027 and A2008-0029, 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. 2.3 Although Staff was not in favour of the approved easterly interior side yard setback of 0.6 metres, after further discussion with Building and Engineering Services, the consensus between Staff was that since the approved 0.6 easterly interior side yard setback will not create significant building issues or sign cant drainage issues (the applicant is required to comply with the Site Alteration By-law 2008-114) and there is strong neighbourhood support, it would not be the best use of staff resources to appeal the decision. Therefore, Staff believes an appeal by the Municipality for the decision made by the Committee of Adjustment on September 18, 2008 for application A2008- 0028 is not warranted. Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment Clar~i~;tOll Leading fhe Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GANARASKA REGION CONSERVATION OWNER: BRUCE KIDD PROPERTY LOCATION: 4682 MCMILLAN ROAD, CLARKE PART LOT 5, CONCESSION 9 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0027 PURPOSE: TO PERMIT SEVERANCE OF A 3.92 HECTARE PARCEL OF LAND TO BE DONATED TO GANARASKA REGION CONSERVATION AUTHORITY BY REDUCING THE MINIMUM REQUIRED LOT SIZE OF THE RETAINED PARCEL OF LAND FROM 40 HECTARES TO 5.48 HECTARES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE SEVERANCE OF A 3.92 HECTARE PARCEL OF LAND TO BE DONATED TO GANARASKA REGION CONSERVATION AUTHORITY BY REDUCING THE MINIMUM REQUIRED LOT SIZE OF THE RETAINED PARCEL OF LAND FROM 40 HECTARES TO 5.48 HECTARES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAWS, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: September 18, 2008 LAST DAY OF APPEAL: October 8, 2008 ~larlnngton ceQa~ng me way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ABBOTT DRAFTING & DESIGN OWNER: LLYOD ALGAN PROPERTY LOCATION: 25 PRINCE RUPERT DRIVE, DARLINGTON PART LOT 32, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0028 PURPOSE: TO PERMIT THE CONSTRUCTION OF A CARPORT BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD SETBACK FROM 6 METRES TO 0.6 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A CARPORT BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD SETBACK FROM 6 METRES TO 0.6 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: THAT ALL UNOBSTRUCTED SIDES OF THE PROPOSED CARPORT AS NOTED ON THE SUBMITTED DRAWINGS REMAIN OPEN AND UNOBSTRUCTED; AND • THAT THE APPLICANT RECEIVES THE REGIONAL MUNICIPALITY OF DURHAM HEALTH DEPARTMENT'S APPROVAL FOR THE PROPOSED CARPORT PRIOR TO CONSTRUCTION AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: LAST DAY OF APPEAL: September 18, 2008 October 8, 2008 ~~`tOII Leading [he Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRETT MURAKI OWNER: WALLACE MURAKI PROPERTY LOCATION: 2672 CONCESSION RD 6, DARLINGTON PART LOT 10, CONCESSION 6 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2008-0029 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY BUILDINGS FROM 40% TO 52% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 157 M2 AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 5.6 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 FOR ALL ACCESSORY BUILDINGS FROM 40% TO 52% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 157 MZ AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 METRES TO 5.6 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: • THAT NO ADDITIONAL ENTRANCE BE PERMITTED ONTO THE SUBJECT PROPERTY FROM EITHER ROAD FRONTAGE; AND • THAT THE PROPOSED DETACHED GARAGE DOES NOT EXCEED 157 MZ IN SIZE AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: September 18, 2008 LAST DAY OF APPEAL: October 8, 2008