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HomeMy WebLinkAboutPSD-066-05 Clw:il1gton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, May 24, 2005 Report #: PSD-066-05 File #: A2005/011, A2005/012, A2005/015, A2005/016, and A2005/017 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 5, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-066-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on May 5, 2005 for applications A2005/011, A2005/012, A2005/015, A2005/016, and A2005/017; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Da [J/Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: O~- ~ Franklin Wu, Chief Administrative Officer BMR*CP*DC*df 12 May 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-066-05 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 application and the Committee's decisions are summarized in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 5, 2005 A2005/011 Approve Approved A2005/012 Approve with modifications Approved with modifications A2005/015 Approve with modifications Approved with modifications A2005/016 Approve Approved A2005/017 Approve Approved COMMENTS 2.0 2.1 A2005/012 was an application to reduce the setback for a detached accessory building. The request was to reduce the interior side yard setback from 1.2 metres to 0.33 metres, and to reduce the rear yard setback from 1.2 metres to 0 metres. Staff determined that the applicant had constructed the shed over the property line, and would therefore have to move the structure. Staff's recommendation was a reduction of the side yard setback to 0.9 metres, and the rear yard setback to 0.6 metres, as the applicant was concerned that moving the shed too far would require the removal of branches on an existing tree. Two neighbouring residents spoke in favour of the application, and staff received four letters stating no opposition to the proposal. Staff did receive one letter in opposition to the application. Hearing Staff's recommendation, the applicant requested a side and rear yard setback of 0.6 metres, and Committee chose to approve the application for those distances. 2.2 A2005/015 was an application to reduce the required rear yard setback from 7.5 metres to 3.92 metres for an existing dwelling to permit the creation of a new lot. This application was a requirement of the land division application (LD2005/070). The land division altered the easterly property line from the defined interior side yard to the rear yard, and the existing structure was within that setback. Staff recommended that the variance be applied to the existing dwelling only, forcing any redevelopment to comply with the requirements of the zone. Committee agreed with Staff's recommendation and approved the reduction of the rear yard setback from 7.5 metres to 3.92 metres for the existing dwelling only. REPORT NO.: PSD-066-05 PAGE 3 2.3 Applications A2005/011, A2005/016 and A2005/017 were approved as applied for. 2.4 Application A2005/013 was withdrawn from consideration as it was determined that the proposal did not fall within the mandate of the Committee of Adjustment under the Planning Act. 2.5 Application A2005/014 was withdrawn as a minor variance was not required for the proposed construction of a new barn. 2.6 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and are minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision is required in order to afford Staff's 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 CJaL. 0 Leadingt~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: DE JONG, SIERD GARROD,MARY 177 BEAVER ST.N." NEWCASTLE VILLAGE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2005/011 PURPOSE: TO PERMIT THE CREATION OF A NEW RESIDENTIAL LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FROM 650 SQ M TO 595 SQ M, REDUCING FRONT YARD SETBACK FROM 4.5 M TO 2.8 M, REDUCING EXTERIOR SIDE YARD SETBACK FROM 4.5 M TO 0.27 M FOR EXISTING DWELLING. DECISION OF COMMITTEE: APPROVAL TO REDUCE MIN LOT AREA FROM 650 M2 TO 595 M2, REDUCE FRONT YARD SETBACK FROM 4.5 M TO 2.8 M, & REDUCE EXTERIOR SIDE YARD SETBACK FROM 4.5 M TO 0.27 M FOR AN EXISTING DWELLING AS IT IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH OP & ZBL DATE OF DECISION: May 5, 2005 LAST DAY OF APPEAL: May 25,2005 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: SKERRATT, JEAN SKERRATT, JEAN 143 CENTERFIELD DR." COURTICE PART LOT 34, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2005/012 PURPOSE: TO PERMIT THE REDUCTION OF AN INTERIOR SIDE YARD FROM 1.2 METRES TO 0.6 METRES AND THE REDUCTION OF THE REQUIRED REAR YARD SETBACK FROM 1.2 METRES TO 0 METRES FOR AN EXISTING ACCESSORY BUILDING (SHED). DECISION OF COMMITTEE: APPROVAL TO PERMIT REDUCTION OF AN INTERIOR SIDE YARD SETBACK FROM 1.2 M TO 0.6 M & REDUCTION OF THE REQUIRED REAR YARD FROM 1.2 M TO 0.6 M FOR AN EXISTING ACCESSORY BUILDING AS IT IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH OP & ZBL DATE OF DECISION: May 5, 2005 LAST DAY OF APPEAL: May 25,2005 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: BURK, FRANCIS BURK, FRANCIS 51 ELGIN ST." BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2005/015 PURPOSE: TO REDUCE THE REAR YARD SETBACK FROM THE MINIMUM REQUIRED 7.5 METRES TO 3.92 METRES FOR AN EXISTING STRUCTURE TO PERMIT THE CREATION OF A NEW LOT. DECISION OF COMMITTEE: APPROVAL TO REDUCE THE REQUIRED MINIMUM REAR YARD SETBACK FROM 7.5 METRES TO 3.92 METRES FOR AN EXISTING DWELLING ONLY AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 5,2005 LAST DAY OF APPEAL: May 25,2005 ClYl-i1J.gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: D.G. BIDDLE & ASSOCIATES LTD. CLARINGTON HYUNDAI INC. 17 SPICER sa." BOWMANVILLE PART LOT 14, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2005/016 PURPOSE: TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 10 METRES TO 10.3 METRES. DECISION OF COMMITTEE: APPROVAL TO INCREASE THE MAXIMUM HEIGHT FROM 10 METRES TO 10.3 METRES TO PERMIT THE CONSTRUCTION OF A COMMERCIAL BUILDING AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 5, 2005 LAST DAY OF APPEAL: May 25,2005 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: ZELINKA PRIAMO LTD. LOBLAW PROPERTIES LIMITED 2375 HIGHWAY 2 , MAPLE GROVE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON A2005/017 PURPOSE: TO PERMIT TENTS TOTALING 343 sa M IN AREA TO BE INSTALLED IN THE EXISTING PARKING LOT AS PART OF A GARDEN CENTRE ON A TEMPORARY BASIS FROM MARCH 1ST TO AUGUST 31ST, ANNUALLY. DECISION OF COMMITTEE: APPROVAL TO PERMIT TENTS TOTALLING 343 M2 IN AN AREA FOR A GARDEN CENTRE ON A TEMPORARY BASIS FROM MARCH 1 ST TO AUGUST 31 ST ANNUALLY AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: May 5, 2005 LAST DAY OF APPEAL: May 25,2005