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Home My WebLink AboutPSD-027-09~~ W~~~n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, March. 9, 2009 ~~~~~~ ~~ Jb~ ~~ Report #: PSD-027-09 File No's: A2009-0001 & A2009-0002 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 26, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-027-09 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on February 26, 2009, for applications A2009-0001 and A2009-0002, 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: David J. Crome, MCIP, RPP /~ Franklin Wu, Director of Planning Services /f~' Chief Administrative Officer MK/CP/df 2 March 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-027-09 PAGE 2 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. DECISION OF COMMITTEE OF ADJUSTMENT FOR FEBRUARY 26, 2009 scheduled for a The purpose of are detailed in 1.2 Application A2009-0001 was filed to permit the conversion of an attached garage into living space to accommodate an aging family member by reducing the minimum required interior side yard setback for a dwelling without an attached garage from 4.5 metres to 3.7 metres. The subject property is located within the boundaries of Orono with surrounding uses being residential. Staff recommended approval of the application as the existing driveway on the subject property is large enough to accommodate a minimum of two outdoor parking spaces. The conversion of the attached garage into living space would have no negative impact on the applicant's ability to park vehicles on site. The applicant was also proposing to make interior renovations only, thereby maintaining the exterior elevations of the garage. Committee concurred with Staffs recommendations and approved the application subject to the conditions that the applicant would submit a building permit application prior to construction, and that a minimum two outdoor parking spaces are maintained on the subject property at all times. 1.3 Application A2009-0002 was filed by the applicant as a result of a complaint made by a resident. After investigation, Municipal Law Enforcement determined that there existed two sheds on the property that did not comply with the Zoning By-law regulations for accessory buildings and structures. The applicant agreed to move one of the sheds into compliance (0.6 m rear and interior side yard setback), however a variance was requested to allow for the second existing shed to remain in its current location. The applicant requested a variance to permit an existing accessory building (pool shed) in compliance with the 0.6 m rear yard setback, by increasing the maximum permitted eave projection into the rear yard from 0.3 metres to 0.4 metres. At a site inspection conducted by Staff, it appeared that there were no drainage or maintenance issues as there was sufficient space between the shed and the fence. Coarse gravel was placed in between the shed and fence to allow for rainwater runoff REPORT NO.: PSD-027-09 PAGE 3 to permeate, and the height of the eaves were below the height of the fence ensuring that any runoff would be directed onto the subject property. Staff believed that the variance would have no detrimental impact on the subject property or surrounding properties, and that a request to increase the eave projection by 0.1 metres was minor in nature. Committee concurred with Staffs recommendations and approved the application subject to the condition that no existing drainage patterns are altered or adversely affected as a result of construction. 2.0 COMMENTS 2.1 Staff has reviewed the Committee's decisions and is satisfied that applications A2009-0001 and A2009-0002 are 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 applications A2009-0001 and A2009-0002 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 Attachment 1 To Report PSD-027-09 C~ar.~~gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TIMOTHY SKELTON OWNER: TIMOTHY SKELTON PROPERTY LOCATION: 51 PETERS PIKE, ORONO PART LOT 27, CONCESSION 5 FORMER TOWNSHIP OF CLARKE FILE NO.: A2009-0001 PURPOSE: TO PERMIT THE CONVERSION OF AN EXISTING ATTACHED GARAGE INTO LIVING SPACE BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FOR A DWELLING WITHOUT AN ATTACHED GARAGE FROM 4.5 METRES TO 3.7 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONVERSION OF AN EXISTING ATTACHED GARAGE INTO LIVING SPACE BY REDUCING THE MINIMUM REQUIRED SOUTHERLY INTERIOR SIDE YARD SETBACK FOR A DWELLING WITHOUT AN ATTACHED GARAGE FROM 4.5 METRES TO 3.7 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: • THAT PRIOR TO CONSTRUCTION OF THE CONVERSION OF AN ATTACHED GARAGE INTO LIVING SPACE A BUILDING PERMIT APPLICATION IS SUBMITTED BY THE APPLICANT; AND • THAT A MINIMUM OF TWO OUTDOOR PARKING SPACES ARE MAINTAINED ON THE SUBJECT PROPERTY AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: February 26, 2009 LAST DAY OF APPEAL: March 18, 2009 Gl~J~ia~,°`C011 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: PALTER, MCCARTHY OWNER: ANDREA CULLEN PROPERTY LOCATION: 5 OSGOODE GATE, COURTICE PART LOT 33, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2009-0002 PURPOSE: TO PERMIT AN EXISTING ACCESSORY BUILDING (POOL SHED), IN COMPLIANCE WITH THE REQUIRED REAR YARD SETBACK OF 0.6 M, BY INCREASING THE MAXIMUM PERMITTED EAVE PROJECTION INTO THE REAR YARD FROM 0.3 M TO 0.4 M. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT AN EXISTING ACCESSORY BUILDING (POOL SHED) IN COMPLIANCE WITH THE REQUIRED REAR YARD SETBACK OF 0.6 METRES BY INCREASING THE MAXIMUM PERMITTED EAVE PROJECTION INTO THE REAR YARD FROM 0.3 METRES TO 0.4 METRES, SUBJECT TO THE CONDITION THAT NO EXISTING DRAINAGE PATTERNS HAVE BEEN ALTERED OR ADVERSELY AFFECTED AS A RESULT OF THE CONSTRUCTION AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: February 26, 2009 LAST DAY OF APPEAL: March 18, 2009