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Home My WebLink AboutPSD-108-08~Iarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING 1i n p Date: Monday, October 20, 2008 ~fSO~u.'1'i0'''~~jPR"S~~~Dg Report #: PSD-108-08 File No's: A2008-0030 & A2008-0031 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 9, 2008 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-108-08 be received; 2. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on October 9, 2008 for application A2008-0030 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 3. THAT Council concurs with the decisions of the Committee of Adjustment made on October 9, 2008 for application A2008-0031 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: ("~G~;`/<~--~ Reviewed by~ ~- ~ ~-t David rome, M.C.I.P., R.P.P. Franklin Wu, Director of Planning Services Chief Administrative Officer 14 October 2008 MK'sn CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-108-08 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 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 OCTOBER 9, 2008 Staff A lication Number Recommendation Decision of Committee Approve in part & A2008-0030 Den in art A roved with conditions A2008-0031 A rove A roved 1.2 Application A2008-0030 was filed to permit the construction of an attached carport by increasing the maximum permitted total lot coverage for all accessory structures from 40% to 64% of the existing main building total floor area and by reducing the minimum required northerly interior side yard setback from 1.2 metres to 1 metre. Staff recommended approval of the reduced northerly interior side yard setback from 1.2 metres to 1 metre. However, staff recommended denial of the increase in maximum permitted total lot coverage for all accessory structures from 40% to 64% of the existing main building total floor area. The staff report to the Committee advised that an increase in total lot coverage for all accessory structures from 40% to 64% is not minor in nature, and does not meet the intent of the Zoning By-law to maintain the status of the dwelling as the dominant feature on the property. The Committee considered staffs opinion and decided to approve the application for an attached carport with a reduced northerly side yard setback of 1 metre, and an increase in maximum permitted total lot coverage for all accessory buildings from 40% to 64% of the existing main building to a maximum 65.5 m2 subject to the following conditions: • That the applicant submit building permit applications for the existing carport and the proposed carport addition forthwith; and • That the proposed carport is built in conformity to Zoning By-law 84-63, where 40% of its total perimeter remains open and unobstructed. The existing character of the neighbourhood is eclectic, and the proposed carport will generally not be visible from the street. The proposed carport addition meets all required setbacks, therefore allowing for proper drainage on the property and providing sufficient space for maintenance of the existing fence and proposed carport. No one spoke in opposition to the application. Although the Committee of Adjustment decision is contrary to staffs recommendation, an appeal of this decision was deemed not to be in the best interest of the Municipality as the proposed carport will have no negative impact on existing drainage patterns or the ability of the property owner to maintain the existing and proposed structures on the subject property. 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. REPORT NO.: PSD-108-08 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that application A2008- 0031 is in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and not detrimental to the neighbourhood. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for application A2008-0031 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 increase in maximum permitted total lot coverage for all accessory structures from 40% to 64% of the existing main building total floorarea, after further discussion, it is the consensus between staff that since the approved total lot coverage for all accessory structures of 64% of the existing main building total floor area will not create any significant drainage issues (the applicant is required to comply with the Site Alteration By-law 2008-114), or have any impact on the existing character of the neighbourhood, it would not be appropriate to appeal. Therefore, staff believe an appeal by the Municipality for the decision made by the Committee of Adjustment on October 9, 2008 for application A2008-0030 is not warranted. Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-108-OS ~al"1~L~011 Leading dlee Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DERRICK MACLEAN OWNER: DERRICK MACLEAN PROPERTY LOCATION: 33 LAMBS LANE, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2008-0030 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED CARPORT BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY BUILDINGS FROM 40% TO 64% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 65.5 M2 & TO REDUCE THE NORTHERLY INTERIOR SIDE DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED CARPORT BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR ALL ACCESSORY BUILDINGS FROM 40% TO 64% OF THE EXISTING MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 65.5 MZ AND TO REDUCE THE MINIMUM REQUIRED NORTHERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1 METRE, SUBJECT TO THE FOLLOWING CONDITIONS: • THAT THE APPLICANT SUBMIT BUILDING PERMIT APPLICATIONS FOR THE EXISTING CARPORT AND THE PROPOSED CARPORT ADDITION FORTHWITH; AND • THAT THE PROPOSED CARPORT IS BUILT IN CONFORMITY TO ZONING BY-LAW 84-63, WHERE 40% OF ITS TOTAL PERIMETER REMAINS OPEN AND UNOBSTRUCTED AS IT IS CONSIDERED MINOR IN NATURE, MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: October 9, 2008 LAST DAY OF APPEAL: October 29, 2008 ~al'J~iQII Lending the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN LOUWS JOHNLOUWS PROPERTY LOCATION: 50 BLEWETT ROAD, CLARKE PART LOT 27& 28, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2008-0031 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MIN REOD AGRICULTURAL SETBACK FROM 300 M TO 153 M FROM NEAREST LIVESTOCK BLDG AT 41 BLEWETT ROAD & FROM 300 M TO 268 M FROM NEAREST LIVESTOCK BLDG AT 4475 HIGHWAY 35/115. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 153 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 41 BLEWETT ROAD AND FROM 300 METRES TO 268 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 4475 HIGHWAY 35/115 AS IT IS MINOR IN NATURE MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: October 9, 2008 LAST DAY OF APPEAL: October 29, 2008