HomeMy WebLinkAboutPSD-119-08 i
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Leadiag the Way REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING t I
Date: Monday, November 17, 2008 �����(5 rA — To-08
Report#: PSD-119-08 File No's: A2008-0032 By-law#:
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 30, 2008
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-119-08 be received; and,
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
October 30, 2008 for application A2008-0032 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:
Davi tome, M.C.i.P., R.P.P. Franklin Wu,
Direct r of Planning Services Chief Administrative Officer
November 3, 2008
MK/CP/sh
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T(905)623-3379 F(905)623-0830
I
REPORT NO.: PSD-119-08 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
OCTOBER 30, 2008
Application Number Recommendation Decision of Committee
A2008-0032 Approve with conditions Approved with conditions
1.2 Application A2008-0032 was filed to permit the construction of an attached, unenclosed
deck by reducing the minimum required rear yard setback from 6 metres to 5 metres.
The deck was built by the builder at the same time as the house, without the necessary
building permit.
Staff recommended approval of the application as the proposed variance for a 5 metre
rear yard setback to an attached deck would continue to provide sufficient space in the
rear yard for amenity space and privacy for the subject property and neighbouring
properties.
The Committee concurred with Staffs recommendation, and the application was
approved with the following conditions:
• That the developer's Engineer provide certification of the lot grading in
accordance with the terms and conditions of the subdivision agreement within 60
days; and
• That a building permit for the existing deck be issued by the Building Department
within 60 days.
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decisions and are satisfied that application A2008-
0032, is in conformity with both Official Plan policies, consistent with the intent of the
Zoning By-law, is minor in nature and desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for application
A2008-0032, 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
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Attachment 1
To PSD-119-08
Clan' n
i Leadingthehe WaJ�
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: KAITLIN GROUP LTD
OWNER: MICHAEL FUTA & CHAROLLOTE GRAHAM
PROPERTY LOCATION: 27 BAXTER STREET, BOWMANVILLE
PART LOT 16, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2008-0032
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK TO AN EXISTING
SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED REAR
YARD SETBACK FROM 6 METRES TO 5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED,
UNENCLOSED DECK BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK
FROM 6 METRES TO 5 METRES SUBJECT TO THE FOLLOWING CONDITIONS:
• THAT THE DEVELOPER'S ENGINEER PROVIDE CERTIFICATION OF THE LOT
GRADING IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SUBDIVISION AGREEMENT WITHIN 60 DAYS; AND
• THAT A BUILDING PERMIT FOR THE EXISTING DECK BE ISSUED BY THE
BUILDING DEPARTMENT WITHIN 60 DAYS
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS
CONSIDERED MINOR IN NATURE AND IS DESIRABLE FOR THE NEIGHBOURHOOD.
DATE OF DECISION: October 30, 2008
LAST DAY OF APPEAL: November 19, 2008