HomeMy WebLinkAboutPSD-009-09Clarin~on REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
Date: Monday, January 5, 2009 ~fSGI V-1~ ~ #~ n~ "DIS-~
Report #: PSD-009-09 File No's: A2008-0020 & A2008-0034 By-law #:
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF DECEMBER 71, 2008.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-009-09 be received;
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
December 11, 2008 for application A2008-0020 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 December 11, 2008 for application A2008-
0034 is not warranted. However, should an appeal be lodged by another party, Staff be
authorized to appear before the Ontario Municipal Board to defend its original
recommendation.
Submitted b Reviewed by:
David J. rome, MCIP, RPP Franklin Wu,
Director of Planning Services ~ Chief Administrative Officer
MK/CP/df
16 December 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-009-09
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are
hearing within 30 days of being received by the Secretary-Treasurer.
the minor variance applications and the Committee's decisions
Attachment 1. The decisions of the Committee are summarized below.
PAGE 2
scheduled for a
The purpose of
are detailed in
1.2 Application A2008-002p was filed to permit the construction of an accessory building
(detached garage) by increasing the maximum permitted total lot coverage for all
accessory buildings from 40% to 53% of the existing main building total floor area and
by increasing the maximum permitted height from 5 m to 5.7 m.
The application was originally heard at the Committee of Adjustment meeting of July 24,
2008. The subject property had designated heritage structures on site, and the
application was TABLED to satisfy the Clarington Heritage Committee that the proposed
detached garage would be in keeping with the existing character of the property and of
the surrounding neighbourhood.
Staff recommended approval of the application as the main building would remain the
dominant feature on the property both in size and in height, and as the existing
character of the neighbourhood would not be negatively impacted by the proposed
structure. The following.. conditions were recommended:
1) That the colour selection and materials for the proposed detached garage are in
keeping with the historical nature of the neighbourhood;
2) That vegetative screening be left in place along the Wellington Street frontage in
the area of the new detached garage; and
3) That no individual accessory building shall exceed 67 m2 in area.
The Committee approved the application as recommended by Staff.
1.3 Application A2008-0034 was filed to permit the conversion of an attached garage into
living space by reducing the minimum required interior side yard setback for a dwelling
without an attached garage from 4.5 m to 1.2 m and to permit an accessory building
(existing shed) by reducing the minimum required westerly interior side yard setback
from 0.6 m to 0.4 m.
DECISION OF COMMITTEE OF ADJUSTMENT FOR
DECEMBER 11, 2008
REPORT NO.: PSD-009-09
PAGE 3
Staff recommended approval of the conversion of the attached garage into living space
as the minimum numb~er of required parking spaces would continue to be provided on
the subject property. F{owever, Staff recommended denial of the proposed reduction of
interior side yard setbacck from 0.6 m to 0.4 m as it would not provide a sufficient amount
of space for proper maintenance of structures.
The applicant explained to the Committee that the lot was pie shaped, therefore only
one corner of one side of the existing shed required a reduction of side yard setback
from 0.6 m to 0.4 m, and that the southern most corner of the shed met the required 0.6
m interior side yard setback.
The Committee considered Staffs opinion and the information presented by the
applicant and decided to approve the application as applied for with the following
conditions:
1) That the applicant maintains a minimum two (2) outdoor parking spaces on the
subject property (4.6 m X 5.7 m) if placed side by side; and
2) That the applicant maintains a minimum 0.6 m rear yard setback to the wall of
the existing accessory building (shed).
2.0 COMMENTS
2.1 Staff have reviewed the Committee's decision and are satisfied that application A2008-
0034 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 Staff have reviewed the Committee's decisions and are satisfied that the portion of the
Committee's decision for application A2008-0034 relating to the reduction of interior
side yard setback for a dwelling without an attached garage is in conformity with both
Official Plan policies, consistent with the intent of the Zoning By-law, is minor in nature
and is desirable.
Although Staff was not in favour of the approved westerly interior side yard setback of
0.4 metres, after further review Staff acknowledge that the lot is not square and that
only the north western corner of the shed has a 0.4 m interior side yard setback. The
shed meets the minimum required rear yard setback and also the westerly interior side
yard setback at the south-west corner of the shed. Based on the above comments,
although Staff are not in support of the Committee's decision to approve a 0.4 m interior
side yard setback for an accessory building, Staff do not believe it is an appropriate
decision to appeal. Therefore, Staff believes an appeal by the Municipality for the
decision made by the Committee of Adjustment on December 11, 2008 for application
A2008-0034 is not warranted.
2.3 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2008-00'20 and A2008-0034 is required in order to afford Staff. official
REPORT NO.: PSD-009-09
PAGE 4
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
Attachment 1
To Report PSD-009-09
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: NEW CASTLE DRAFTING & DESIGN
OWNER: CATHERINE SMITH
PROPERTY LOCATION: 49 DIVISION STREET, BOWMANVILLE
PART LOT 12, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2008-0020
PURPOSE:
TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED GARAGE).
BY INCREASING MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 53% OF
THE MAIN BUILDING TOTAL FLOOR AREA TO A MAXIMUM 92 M2 AND BY
INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 5 M TO 5.7 M.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ACCESSORY
BUILDING (DETACHED GARAGE) BY INCREASING MAXIMUM PERMITTED TOTAL LOT
COVERAGE OF ALL ACCESSORY BUILDINGS FROM 40% TO 53% OF THE EXISTING MAIN
BUILDING TOTAL FLOOR AREA TO A MAXIMUM OF 92 MZ AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 5 M TO 5.7 M SUBJECT TO THE FOLLOWING
CONDITIONS:
THAT THE COLOUR SELECTION AND MATERIALS FOR THE PROPOSED
DETACHED GARAGE ARE IN KEEPING WITH THE HISTORICAL NATURE OF
THE NEIGHBOURHOOD;
THAT VEGETATIVE SCREENING BE LEFT IN PLACE ALONG THE
WELLINGTON STREET FRONTAGE IN THE AREA OF THE NEW DETACHED
GARAGE; AND
THAT NO INDIVIDUAL ACCESSORY BUILDING SHALL EXCEED 67 MZ IN
AREA.
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS, AND ZONING BY-LAW IS MINOR IN
NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: December 11.2008
LAST DAY OF APPEAL: December 31, 2008
CJlar~ngton
/.eading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: LARRY DEFOSSE
OWNER: JOE & LISA CORKERY
PROPERTY LOCATION: 36 AVONDALE DRIVE, COURTICE
PART LOT 30, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2008-0034
PURPOSE:
TO PERMIT THE CONVERSION OF AN EXISTING ATTACHED GARAGE TO LIVING
SPACE BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD
SETBACK FOR A DWELLING WITHOUT AN ATTACHED GARAGE FROM 4.5 M TO 1.2
M AND TO PERMIT THE CONSTRUCTION ON AN EXISTING ACCESSORY BUILDING
BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD
SETBACK FROM 1.2 M TO 0.2 M AND BY REDUCING THE MINIMUM REQUIRED
REAR YARD SETBACK FROM 1.2 M TO 0.5 M.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONVERSION OF AN ATTACHED GARAGE
INTO HABITABLE FLOOR SPACE BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR
SIDE YARD SETBACK FOR A DWELLING WITHOUT AN ATTACHED GARAGE FROM 4.5 M TO 1.2
METRES AND TO PERMIT THE CONSTRUCTION OF AN EXISTING ACCESSORY BUILDING BY
REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 0.6 M
TO 0.4 METRES, SUBJECT TO THE FOLLOWING CONDITIONS:
THAT THE APPLICANT MAINTAINS A MINIMUM TWO (2) OUTDOOR PARKING
SPACES ON THE SUBJECT PROPERTY (4.6 M X 5.7 M IF PLACED SIDE-BY-SIDE);
AND
THAT THE APPLICANT MAINTAINS A MINIMUM 0.6 METRE REAR YARD
SETBACK TO THE WALL OF THE EXISTING ACCESSORY BUILDING (SHED).
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN
NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: December 11, 2008
LAST DAY OF APPEAL: December 31, 2008