HomeMy WebLinkAboutPSD-128-08 Leading fhe Way
REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COI MIMITTEE
Date: Monday, December 1, 2008 �1��11� � �U�J' v�
Report#: PSD-128-08 File #: A2008-0023 By-law#:v2DC7g a C
Subject: MINUTES OF SETTLEMENT FOR APPEAL OF
MINOR VARIANCE FOR PAUL AND SHARON JEFFERSON
RECOMMENDATIONS:
It is respecffully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-128-08 be received;
2. THAT Council approve the minutes of settlement between Paul and Sharon
Jefferson and the Municipality of Clarington contained in Attachment 2, and adopt
a By-law (Attachment 3) authorizing the Mayor and Clerk to execute them for the
Municipality;
3. THAT the By-law authorizing the Mayor and Clerk to execute the Minutes of
Settlement contained in Attachment 3 be APPROVED; and
4. THAT the Municipality's Solicitor and staff be authorized to present the minutes of
settlement to the Ontario Municipal Board to request that the Board approve the
amendments to the decision of the Committee of Adjustment.
Submitted by: Reviewed by�J -
David J. Crome, MCIP,RPP Franklin Wu
Director, Planning Services Chief Administrative Officer
MK/CP/sh/df
November 21, 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-128-08 PAGE 2
1.0 APPLICATION DETAILS
1.1 Applicant: Paul and Sharon Jefferson
1.2 Location: Part Lot 34, Concession 2, Former Township of Darlington
73 Cherry Blossom Crescent, Courtice
2.0 BACKGROUND
2.1 Following a complaint made by a neighbour, application A2008-0023 was
submitted by Paul and Sharon Jefferson to permit an accessory building (existing
garden shed) by reducing the minimum required southerly interior side yard
setback and rear yard setback from 1.2 metres to 0.15 metres in both situations;
and to permit a structure (existing lean-to) by reducing the minimum required
southerly interior side yard setback from 1.2 metres to 0 metres.
2.2 A public hearing took place on August 7, 2008, and the application was heard by
the Committee of Adjustment. Staffs final comments for the meeting
recommended that a variance to reduce the minimum required southerly interior
side yard setback and rear yard setback from 1.2 metres to 0.15 metres
respectively, and to reduce the minimum required southerly interior side yard
setback from 1.2 metres to 0 metres, be denied as it was not minor in nature, did
not meet the intent of the Zoning By-law and was detrimental to the
neighbourhood. The Committee concurred with Staff's recommendations and
chose to deny the application.
2.3 Following the decision made by the Committee of Adjustment, an appeal was
lodged by the applicants, Paul and Sharon Jefferson. After receiving notification
of the appeal, the Municipality received a request from the Applicant to further
discuss the issue, in an attempt to reach a settlement. During that meeting a
settlement was reached in principle, pending Council's approval. The
recommended minutes of settlement are contained in Attachment 2.
2.4 Should Council concur with the negotiated settlement, authorization is required
for the Municipality's Solicitor and Planning Staff to present the settlement
described below to the Ontario Municipal Board for approval.
3.0 PROPOSED SETTLEMENT DETAILS
3.1 There are two existing accessory structures on the subject property, including a
garden shed located in the south-western corner of the lot and a lean-to used as
a hot tub enclosure found in the southerly interior side yard. Both structures do
not meet the requirements of the Zoning By-law 84-63 with regards to minimum
required setbacks. The owners applied for a variance to permit the structures to
REPORT NO.: PSD-128-08 PAGE 3
remain in their current locations. Staff were not supportive of the proposed
reduced setbacks as they did not provide enough space between structures for
proper maintenance and drainage on the subject property and neighbouring
properties.
3.2 During the settlement meeting, increased setbacks for the garden shed and the
lean-to were proposed. Both the owners and the Municipality agreed on a
southerly interior side yard setback and rear yard setback of 0.6 metres for each
yard to the wall of the existing garden shed, and 0.3 metres to the eaves of the
existing garden shed. A reduced southerly interior side yard setback of 0.6
metres to the wall of the lean-to and 0.3 metres to the eaves of the lean-to were
also agreed upon. Staff believe the proposed setbacks will provide sufficient
space between structures for proper maintenance and drainage on the subject
property and neighbouring properties.
3.3 In order for the lean-to to comply with the 0.6 metre southerly interior side yard
setback to the wall and the 0.3 metre southerly interior side yard setback to the
eaves, the lean-to must be modified as it currently has a 0 metre southerly
interior side yard setback. The owners have agreed to modify the existing lean-to
structure to meet the agreed upon setbacks of 0.6 metres to the wall and 0.3
metres to the eaves.
3.4 The conditions of settlement include the following stipulations:
• That eaves troughs are installed on the western and southern elevations
of the existing garden shed;
• That the existing lean-to is not enlarged in height nor in length; and
• That a building permit is issued within 60 days.
3.5 At present date, the property owners have not signed the minutes of settlement,
and will be required to do so prior to Council meeting (December 8, 2008).
4.0 CONCLUSION
4.1 Staff recommend that Council support the proposed settlement. Staff believe
that the proposed settlement provides an appropriate compromise of the various
competing interests identified in this report while protecting the Municipality's
interest in the appropriate development of the property in question.
Attachments:
Attachment 1 - Key Map
Attachment 2 - Draft Minutes of Settlement
Attachment 3 - Draft By-law
REPORT NO.: PSD-128-08 PAGE 4
List of interested parties to be advised of Council's decision:
Paul and Sharon Jefferson
Ontario Municipal Board
Norm Power
Judy Graham-Coelho
Gord Wallace
Attachment 1
To Report PSD-128-08
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DURHAM HIGHWAY
Property Location Map (Courtice)
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- Area Subject To Minor Variance F
73 Cherry Blossom Crescent s
A2008-0023
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Attachment 2
To Report PSD-128-08
i, OMB File No.: PL081144
ONTARIO MUNICIPAL BOARD
t
The property owners have appealed to the Ontario Municipal Board under subsection
45(12) of the Planning Act, R.S.O. 1990, c.P.13, as amended, from the decision of the
f Committee of Adjustment to deny minor variance application A2008-0023 at 73 Cherry
Blossom Crescent to permit a garden shed (existing) by reducing the minimum required
southerly interior side yard setback and rear yard setback from 1.2 metres to 0.15
metres for each; and to permit a lean-to (existing) by reducing the minimum required
southerly interior side yard setback from 1.2 metres to 0 metres.
i
MINUTES OF SETTLEMENT
- WHEREAS:
A. Paul Jefferson and Sharon Jefferson ("The Owners") are the owners of the
following parcel of land in the Municipality of Clarington's ("Clarington") former
township of Darlington:
• The Parcel comprises Lot 57 on registered plan 10M-766. The parcel is an
exterior lot, having frontage of approximately 17.5 metres on Cherry Blossom
Crescent.
• There are two existing accessory structures on the Parcel. These include an
accessory building being used as a garden shed ("existing shed") that is
approximately 10 square metres in area, having a southerly interior side yard
setback of 0.15 metres and a rear yard setback of 0.15 metres; and an
accessory structure being used as a hot tub enclosure ("lean-to") that is
approximately 18.5 square metres having a southerly interior side yard
setback of 0 metres;
B. Following a complaint to the Municipality, the Owners applied to Clarington for
a variance to Clarington's Zoning By-law (By-law 84-63, as amended) on July
9, 2008, to permit a garden shed (existing) by reducing the minimum required
southerly interior side yard setback and rear yard setback from 1.2 metres to
0.15 metres for each, and to permit a lean-to (existing) by reducing the
minimum required southerly interior side yard setback from 1.2 metres to 0
metres;
C. On August 7, 2008, The Committee of Adjustment considered the subject
application and denied the variance;
D. By Notice of Appeal dated August 26, 2008, addressed to Clarington, The
Owners appealed the decision of the Committee of Adjustment to deny a
variance to Clarington's Zoning By-law 84-63, as amended applicable to the
Parcel, to the Ontario Municipal Board ("Appeals");
E. The Ontario Municipal Board ("Board") has scheduled a date for the
commencement of a hearing respecting the Appeals, on December 15, 2008;
,r,
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F. Clarington and The Owners wish to resolve their differences respecting the
Parcel in order to avoid contesting them at the hearing before the Board; and
le G. Council of the Municipality of Clarington at its meeting of December 8, 2008,
has approved these minutes of settlement and authorized the execution of
these minutes by the Mayor and Clerk.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, The Owners and Clarington covenant and agree as follows:
1.0 Resolution of Appeals
1.1 The Owners and Clarington agree that the appropriate resolution by the Ontario
Municipal Board (OMB) of the Appeals would be for the OMB to approve the
amendments to the decision of the Committee of Adjustment contained in
Schedule 1 hereto.
1.2 The Owners and Clarington will tender these Minutes to the Board, will present
them in positive terms, and will actively co-operate to promote acceptance by the
Board of these Minutes, and the approval of the amendments to the decision of
the Committee of Adjustment.
1.3 The Owners and Clarington will not call any evidence and advance any argument
inconsistent with the letter and spirit of these Minutes or the amendments to the
decision of the Committee of Adjustment Amendments.
1.4 The Owners and Clarington will call such evidence and advance such arguments
as are required to support these Minutes and the amendments to the decision of
the Committee of Adjustment. They will also oppose any evidence and
arguments as may be presented by any other person at the hearing before the
Board which are inconsistent with the letter or the spirit of these Minutes or the
amendments to the decision of the Committee of Adjustment.
1.5 None of the Owners or Clarington will request the Board to make any order for
the payment of costs by any of the parties to the other party or parties.
2.0 Development of the Parcel
2.1 Subject to the Board's approval of the amendments to the decision of the
Committee of Adjustment, the parties hereto agree that the following
principles will govern the development of the Parcel:
• The existing lean-to shall not be enlarged in height nor in length;
Eaves troughs shall be installed on the western and southern elevations of
the existing shed; and
A building permit shall be issued within 60 days for the lean-to.
3.0 Successors
<i
3.1 These Minutes of Settlement shall enure to the benefit of and be binding upon
the parties and their respective successors and assigns.
H
4.0 Time of Essence
is 4.1 Time shall be of the essence of the Minutes of Settlement.
i
DATED at the Municipality of Clarington this day of November, 2008
Per:
Paul Jefferson, Owner
Per:
Sharon Jefferson, Owner
DATED at the Municipality of Clarington this day of December, 2008
THE CORPORATION OF THE
MUNICIPALITY OF CLARINGTON
Per:
Jim Abernethy, Mayor
Per:
Patti L. Barrie, Municipal Clerk
'r-
SCHEDULE1
That a minor variance be granted to permit an accessory building (existing garden shed)
by reducing the minimum required interior side yard setback and rear yard setback from
1.2 m to 0.6 m to the wall of the accessory building (existing garden shed) and from 1.2
m to 0.3 m to the eaves of the accessory building (existing garden shed); and to permit
a structure (existing lean-to) by reducing the minimum required interior side yard
setback from 1.2 m to 0.6 m to the wall of the structure (existing lean-to) and from 1.2 m
to 0.3 m to the eave of the structure (existing lean-to), subject to the following
conditions:
• That eaves troughs are installed on the western and southern elevations of the
existing garden shed;
• That the existing lean-to is not enlarged in height nor in length; and
• That a building permit is issued within 60 days.
Attachment 3
To Report PSD-128-08
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW NO. 2008-
being a By-law to authorize entering into an agreement with the Owners of
73 Cherry Blossom Crescent, Courtice, Paul and Sharon Jefferson, and the
Corporation of the Municipality of Clarington in respect of minor variance
application A2008-0023.
WHEREAS, Council on December 8, 2008, approved the Minutes of Settlement for an
appeal of minor variance application A2008-0023 at 73 Cherry Blossom Crescent
located in Part Lot 34, Concession 2, former Township of Darlington and authorized the
execution of the Minutes of Settlement agreement with the Owner;
AND WHEREAS the Owners of 73 Cherry Blossom Crescent have signed the Minutes
of Settlement;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the
Municipality of Clarington enacts as follows:
1. That provided the Minutes of Settlement presented to Council on December 8,
2008, have been executed by Paul and Sharon Jefferson, the Mayor and Clerk
are hereby authorized to execute, on behalf of the Corporation of the Municipality
of Clarington and seal with the Corporation's seal, the Minutes of Settlement with
the Owners of 73 Cherry Blossom Crescent regarding minor variance A2008-
0023;
BY-LAW read a first time this day of December 2008
BY-LAW read a second time this day of December 2008
BY-LAW read a third time and finally passed this day of December 2008
Jim Abernethy, Mayor
Patti L. Barrie, Municipal Clerk