HomeMy WebLinkAboutPSD-043-09~ ~ n REPORT
Leading the Way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING 1 ~-, 2~
Date: Monday, May 4, 2009 `~"~~~~J`~~~~
Report #: PSD-043-09 File No's: A2009-0004, A2009-0005 By-law #:
and A2009-0006
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 16, 2009.
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-043-09 be received; and
THAT Council concurs with the decision of the Committee of Adjustment made on April
16, 2009, for applications A2009-0004, A2009-0005 and A2009-0006, and that Staff be
AUTHORIZED to appear before the Ontario Municipal Board to defend the decisions of
the Committee of Adjustment.
Submitted by:
MK/CP/df
22 April 2009
-- Reviewed by: U ~t--'W w
rome, MCIP, RPP Franklin Wu,
of Planning Services Chief Administrative Officer
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-043-09
PAGE 2
1.0 APPLICATION DETAILS
1.1 All applications received by the Municipality for minor variance are scheduled fora
hearing within 30 days of being received by the Secretary-Treasurer. The purpose of
the minor variance applications and the Committee's decisions are detailed in
Attachment 1. The decisions of the Committee are summarized below.
DECISION OF COMMITTEE OF ADJUSTMENT FOR
APRIL 16, 2009
1.2 Application 2009-0004 was filed to permit the construction of an attached, unenclosed
deck by increasing the maximum permitted projection into the required rear yard from
1.5 metres to 2.3 metres. The subject property is located at 21 Heatherlea Drive in
Wilmot Creek.
The proposed deck is located at the northeast corner of the dwelling in the rear yard.
The applicant states that the proposed new deck is required to provide a suitable
wheelchair access for a resident of the dwelling from the existing side deck. The
current setback allows a structure that is 2.3 metres in depth, which is inadequate for
both wheelchair access and patio furniture on the existing deck. The recommended
increase in maximum permitted projection into the rear yard from 1.5 metres to 2.3
metres would allow an attached, unenclosed deck of up to 4.6 metres in width.
Committee concurred with Staff's recommendation and approved the application.
1.3 Applications 2009-0005 and 2009-0006 were filed to permit the creation of one
industrial lot, by reducing the minimum required lot area from 3000 m2 to 2554 mZ for
both the retained parcel of land and the severed parcel of land.
Historically the subject lands were two separate lots, each having an area of 2554 m2.
Both lots were sold to one purchaser and merged on title. The current owner wished to
have two separate industrial lots once again, and therefore applied fora land
severance. The severance was approved with conditions; one condition being that both
the retained and severed parcels of land be brought into compliance with the Zoning By-
law requirements for lot area. Staff recommended approval of the application, as the
proposed severance application met all other zoning requirements and as there would
be no detrimental impact on the neighbourhood.
Committee concurred with. Staff's recommendations and approved both applications.
REPORT NO.: PSD-043-09
2.0 COMMENTS
PAGE 3
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2009-0004, A2009-0005 and A2009-0006 are in conformity with both Official Plan
policies, consistent with the intent of the Zoning By-law, are minor in nature and
desirable.
2.2 Council's concurrence with the decisions of the Committee of Adjustment for
applications A2009-0004, A2009-0005 and A2009-0006 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
Cl~"1t~0I1
Leading the Way
Attachment 1
To Report PSD-043-09
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: DENIS ANDREW
OWNER: DENIS ANDREW
PROPERTY LOCATION: 21 HEATHERLEA DRIVE, WILMOT CREEK
PART LOT 4, CONCESSION BF
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2009-0004
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED PORCH (ATTACHED DECK)
BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REQUIRED
REAR YARD FROM 1.5 METRES TO 2.3 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
UNENCLOSED PORCH (ATTACHED DECK) BY INCREASING THE MAXIMUM
PERMITTED PROJECTION INTO THE REQUIRED REAR YARD FROM 1.5 METRES TO
2.3 METRES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE
ZONING BY-LAW, IS MINOR IN NATURE, AND IS NOT DETRIMENTAL TO THE
NEIGHBOURHOOD.
DATE OF DECISION: April 16, 2009
LAST DAY OF APPEAL: May 6, 2009
~al~1~~~0II
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 2116656 ONTARIO INC.
OWNER: 2116656 ONTARIO INC.
PROPERTY LOCATION: 70 MEARNS COURT, BOWMANVILLE
PART LOT 9, CONCESSION BF
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2009-0005
PURPOSE:
TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM REQUIRED
LOT AREA FROM 3000 SQUARE METRES TO 2554 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CREATION OF A NEW INDUSTRIAL
LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FROM 3000 Mz TO 2554 MZ, AS
IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS
MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: April 16,2009
LAST DAY OF APPEAL: May 6, 2009
Clarington
Leadireg the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 2116656 ONTARIO INC.
OWNER: 2116656 ONTARIO INC.
PROPERTY LOCATION: 72 MEARNS COURT, BOWMANVILLE
PART LOT 9, CONCESSION BF
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2009-0006
PURPOSE:
TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM. REQUIRED
LOT AREA FROM 3000 SQUARE METRES TO 2554 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CREATION OF A NEW INDUSTRIAL LOT
BY REDUCING THE MINIMUM REQUIRED LOT AREA FROM 3000 MZ TO 2554 MZ, 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: April 16, 2009
LAST DAY OF APPEAL: May 6, 2009