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