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Home My WebLink AboutPSD-052-09Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, May 25, 2009 '~- I«~e~~~~A-~~1-~`~ Report #: PSD-052-09 File No's: A2009-0008, A2009-0009 and A2009-0010 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 14, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-052-09 be received; 2. THAT Council concurs with the decision of the Committee of Adjustment made on April 16, 2009, for applications A2009-0008 and A2009-0009, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council does not concur with the decision of the Committee of Adjustment made on May 14, 2009 for application A2009-0010 and authorizes staff to appeal the decision to the Ontario Municipal Board. Submitted by: ~ ~ Reviewed by: David rome, M.C.I. P., R.P.P. ,~ / Fr lin Wu, Director of Planning Services /.~s~ Chief Administrative Officer MK`MM'CP"sh May 19, 2009 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-052-09 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 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 MAY 14, 2009 A lication Number Staff Recommendation Decision of Committee A2009-0008 Table Tabled A2009-0009 A rove with condition A roved with condition A2009-0010 Table A roved 1.2 Application 2009-0008 was filed to permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from 300 metres to 200 metres from the nearest livestock building at 1475 Concession Road 7 and 300 metres to 170 metres from the nearest livestock building at 1506 Concession Road 7. The application was also seeking to permit the construction of a detached garage by increasing the maximum permitted height from 4.5 metres to 5.2 metres (By-law 84-63) and by increasing the maximum permitted height from 5 metres to 5.2 metres (By-law 2005- 109). Staff recommended tabling the application as all agency comments had not been received and approval would be considered premature. Committee concurred with Staffs recommendations and tabled the application for up to ninety (90) days to allow for the remaining agency comments to be received and to allow for time for any action required stemming from the agency comments to be undertaken. 1.3 Application 2009-0009 was filed to permit the construction of an attached deck (unenclosed) by increasing the maximum permitted total lot coverage from 40% to 41 %. Staff recommended approval of the application as there would be no negative impact on the surrounding neighbourhood in regards to drainage, maintenance of structures or privacy. Committee concurred with Staff's recommendations and approved the application subject to the condition that a building permit is issued within ninety (90) days of the decision. REPORT NO.: PSD-052-09 PAGE 3 1.4 Application 2009-0010 was filed to permit the construction of a barrier-free ramp allowing awheelchair-bound resident of the household to have a safe entrance and egress to and from the dwelling by reducing the required front yard setback to 0 metres. The Clarington Engineering Services Department commented that a 0 metre setback is not suitable and that an appropriate setback to accommodate snow storage and facilitate maintenance of the structure is required. They requested that the application be tabled and that the applicant be required to undertake further discussion with the Municipality to arrive at a mutual solution. Staff recommended tabling the application based on the review of the application and the comments supplied by the Clarington Engineering Services Department. The Committee of Adjustment decided to approve a 0.2 metre front yard setback. After reviewing the decision, it is recommended that Council authorize an appeal of the Committee's decision to allow for proper maintenance of the structure and to accommodate snow storage. Should Council authorize the appeal of the variance staff will continue to meet with the applicant to try and facilitate a resolution satisfactory to both parties without need of a hearing. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decision and are satisfied that application A2009-0009 is 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 A2009-0008 and A2009-0009 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. 2.3 Staff is not in favour of the decision to approve a front yard setback of 0.2 metre setback for application A2009-0010. Council's concurrence is required with staffs opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on May 14, 2009 for application A2009-0010 is warranted; and Council's authorization is required in order to afford staff official status before the Ontario Municipal Board to defend its original recommendation. Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment Attachment1 To Report PSD-052-09 Glari~~gtan Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DINEEN LEGER OWNER: RICK WILBUR PROPERTY LOCATION: 1486 CONCESSION RD 7, DARLINGTON PART LOT 34, CONCESSION 7 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2009-0008 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 M TO 200 M FROM THE NEAREST LIVESTOCK BUILDING AT 1475 CONCESSION ROAD 7 & FROM 300 M TO 170 M FROM THE NEAREST LIVESTOCK BUILDING AT 1506 CONCESSION ROAD 7 & TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM HEIGHT FROM 4.5 METRES TO 5.2 METRES (BY-LAW 84-63) & BY INCREASING THE MAXIMUM HEIGHT FROM 5 METRES TO 5.2 METRES (BY-LAW 2005-109). DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO NINETY (90) DAYS DATE OF DECISION: May 14, 2009 LAST DAY OF APPEAL: June 3, 2009 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JAMIE BEST OWNER: JAMIE BEST PROPERTY LOCATION: 11 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2009-0009 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 41 %. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 40% TO 41%, SUBJECT TO THE FOLLOWING CONDITION: • THAT A BUILDING PERMIT FOR THE PROPOSED ATTACHED DECK (UNENCLOSED) IS ISSUED WITHIN 90 DAYS OF THIS DECISION, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: May 14, 2009 LAST DAY OF APPEAL; June 3, 2009 ~~i'lili~Oll Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: PHILIP BOURGEOIS OWNER: PHILIP BOURGEOIS PROPERTY LOCATION: 49 LITTLE AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0010 PURPOSE: TO PERMIT THE CONSTRUCTION OF A BARRIER FREE RAMP BY REDUCING THE FRONT YARD SETBACK TO 0 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT CONSTRUCTION OF AN ACCESSIBILITY RAMP BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 3 METRES TO 0.2 METRES AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN AND IS NOT DETRIMENTAL TO THE NIEGBOURHOOD DATE OF DECISION: May 14, 2009 LAST DAY OF APPEAL: June 3, 2009