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Home My WebLink AboutPSD-017-09Glar~~gton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, February 2, 2009 ~~~~ft70!'J~~~Ttf~~.7"~~J Report #: PSD-017-09 File No: A2008-0023 By-law #: Subject: ONTARIO MUNICIPAL BOARD DECISION -APPEAL OF A2008-0023 RECOMMENDATIONS: It is respectfully recommended that the General Purpose -and Administration Committee recommend to Council the following: 1. THAT Report PSD-017-09 be received for information. Submitted by: MK/CP/df January 23, 2009 Reviewed by: ~~^~-' ~'~-~t '. ranklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 Director of Planning Services REPORT NO.: PSD-017-09 PAGE 2 An OMB hearing was held on December 15, 2008, for an appeal made by the applicant of minor variance application (A2008-0023). This application was for a reduction of interior side yard and rear yard setback from 1.2 m to 0.15 m for an existing garden shed, and for a reduction of interior side yard setback from 1.2 m to 0 m for an existing lean-to. 2. This application was originally considered by the Committee of Adjustment prior to the general amendment to the Zoning By-law being approved allowing accessory structures to have a 0.6 metre yard setback. 3. Prior to the hearing the applicant's approached staff with respect to the upcoming hearing and the issues they had with the Committee's decision. As a result of this discussion staff were able to reach a settlement with the appellants (Paul and Sharon Jefferson) to bring forward to the Board. 4. The settlement proposed to permit alean-to structure in an interior side yard by reducing the minimum required interior side yard setback from 1.2 m to 0.6 m to the wall of the structure, with a 0.3 m encroachment of the eaves. The proposed settlement also required the Jefferson's to move an existing garden shed to meet new regulations for accessory structures (0.6 m rear and interior side yard setback to the wall of the structure with a maximum 0.3 m encroachment of the eaves). 5. Staff presented the settlement at the hearing and explained how the proposed settlement was appropriate. A neighbour attended the hearing with concerns regarding drainage. The Board was ultimately satisfied and issued an Order consistent with the settlement and the neighbour's wishes by permitting alean-to (attached to the dwelling) with a 0.6 m interior side yard setback, subject to the following conditions: • The appellant shall apply for a building permit within 60 days of the date of this decision. • Eavestroughing shall be installed on the lean-to, south side, so that the outtall of water will be to the front of the property in accordance with the master drainage subdivision plan. • Eavestroughing on the detached garden shed to be relocated, will be installed to drain into the swale for drainage to the front of the property. • The gap in the fence to result from the moving back of the lean-to will be filled with fence materials of similar type and quality to what now exists in the fence. 6. A copy of the Ontario Municipal Board's decision is contained in Attachment 1. Attachments: Attachment 1 -OMB Decision ISSUE DATE: Dec. 30, 2008 Ontario Ontario Municipal Board Commission des affaires municipales de ('Ontario Attachment 1 To Report PSD-017-09 PL081144 IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended Applicant and Appeilar~t: Subject: Variance from By-law ivo.: Property Address/Description: Municipality: OMB Case No.: OMB File No.: Municipal No.: APPEARANCES: Parties Paul Jefferson Norm Power Paul & Sharon Jefferson Minor Variance 84-63 73 Cherry Blossom Crescent (Courtice) Town of Clarington PL081144 PL081144 A-2008-0023 Municipality of Clarington JAS ~ [jG~ I hlli N!CSPAUTY GF GLAR! NG i GiJ ! PL~NN!NG GEFAriTMENT I Counsel ~~: . ''~'fJ~_I111 ~FifV ii L ~usi:; N. MaCOS~Uidliii5AL1T`f GF CI AR!NGiGi+i FINANCe MEMORANDUM OF ORAL DECISION DELIVERED BY N.C. JACKSON ON DECEMBER 15. 2008 AND ORDER OF THE BOARD Paul Jefferson owns the property described municipally as 73 Cherry Blossom Crescent, and legally as Part Lot 34, Concession 2, former Township of Darlington and now the Municipality of Clarington. Mr. Jefferson made Application to the Committee of Adjustment of Clarington to regularize the zoning on a garden shed built in 2000 and lean-to (respecting a hot tub) built in 2003 under Zoning By-law 84-63. The Variances sought were: 1. For the garden shed, to permit an interior side yard setback and rear yard setback of 0.15 metres, whereas 1.2 metres is required. -2- PL08i144 2. For the lean-to, to permit an interior side yard setback of 0 metres from the required 1.2 metres and a setback of 0 metres from the primary b!~ilding, whereas the minimum required is 1.2 metres. The Application was opposed by the municipality and neighbours, and was denied by the Committee ofi Adjustment. Mr. Jefferson then appealed to this Board. At this Appeal Hearing a settlement has been arrived at. The Appellant seeks to amend his Application under section 45(18.1.1) of the Planning Act. The Board finds the amended Application changes to be minor and that no further notice is required. Interested neighbours are present. The Amended Application is as fellows: for the lean-to structure the Variances are to be in the interior side yard to .6 metres to the wall and .3 metres to the eaves from the required 1.2 metres. The settlement involves the moving of the garden shed so that it will meet a new Zoning By-law 2008-169 passed after the original Application, but now in effect without appeals -making the setback for a detached accessory structure .6 metres measured to the furthest edge -the eaves. The settlement also involves the movement of part of the lean-to back to .6 metres for the wall and .3 metres for the eaves from the property line. Based upon the evidence of planner Meaghan Kroon and engineer Leslie Benson employed by the Municipality of Clarington that reasonable planning and engineering will be the result, the Board finds the amended Application to meet the general intent of the Clarington and Durham Official Plans (residential designation), the amended Zoning By-law of Clarington (84-63), to represent an appropriate form of development with relief that in the circumstances of this case is minor. Mr. Power, the neighbouring property owner was concerned with drainage. He was advised by the Municipality of the subdivision drainage plan which the Municipality can .enforce ensuring that water flows in a swale between the properties to the street through the front yard. The Appeal is allowed in part, the amended Application is hereby authorized, and the amended Variances are authorized, subject to the following conditions agreed to with the Municipality, Appellant, and Powers as follows; -3- PL081144 1. The Appellant. shall apply for a building permit within 60 days of the date of this decision. 2. Eavestroughing shall be installed on the lean-to, south side, so that the outfall of water will be to the front of the property in accordance with the master drainage subdivision plan. 3. Eavestroughing on the detached garden shed to be relocated, will be installed to drain into the swale for drainage to the front of the property. 4. The gap in the fence to result from the moving back of the lean-to will be filled with fence materials of similar type and quality to what now exists in the fence. So Orders the Board. "N.C.Jackson" N.C. JACKSON MEMBER