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Home My WebLink AboutPSD-070-09Clar~~gton Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, July 6, 2009 Re3pl~ r o~,t~ GPA - ~}(o~- O `j Report #: PSD-070-09 File No's: A2009-0016, A2009-0017 By-law #: AND A2009-0018 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 18, 2009 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-09 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on June 18, 2009, for applications A2009-0016, A2009-0017 and A2009-0018, and that Staff be AUTHORIZED to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: ~r'`--'" Reviewed by: r `'e~'^n''~-- ~~' (,l, David J. me, MCIP, RPP Franklin Wu, Director of Plahning Services Chief Administrative Officer June 23, 2009 MM/CP/sh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-070-09 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 JUNE 18, 2009 A lication Number Staff Recommendation Decision of Committee A2009-0016 A rove A roved A2009-0017 A rove in art and Table in art Approved in part and Tabled in art A2009-0018 A rove A roved 1.2 Application A2009-0016 was filed to permit the creation of a new lot by reducing the minimum required lot area from 460 mz to 400 mz. This application is concurrent with A2009-0017. Committee concurred with Staff's recommendation and approved the application. 1.3 Application A2009-0017 was filed to permit the creation of a new semi-detached lot by reducing the minimum required lot area from 550 mz to 470 m2; to permit the existing semi-detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 3.2 metres; and to permit the existing unenclosed porch by increasing the maximum unenclosed porch projection into the exterior side yard from 1.5 metres to 2.1 metres. The applicant later revised the application to include an existing porch located in the required interior side yard setback. The applicant originally attempted to remove the concrete structure for the second porch however discovered it is an integral part of the foundation of the dwelling and cannot be removed without damaging the foundation. The revised application included increasing the maximum permitted projection of the unenclosed porch into the interior side yard from 1.5 metres to 2.1 metres. Since the revision was made after the circulation packages and public notice had been sent out, this portion of the application must have its own circulation and public notice and require tabling until the next Committee of Adjustment meeting. Committee concurred with Staff's recommendation and approved the application in part and tabled the application in part. 1.4 Application A2009-0018 was filed to permit the construction of an unenclosed attached deck by increasing the maximum permitted projection into the rear yard from 2.5 metres to 4.7 metres. Committee concurred with Staff's recommendation and approved the application. REPORT NO.: PSD-070-09 PAGE 3 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0016, A2009-0017 and A2009-0018 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 A2009-0016, A2009-0017 and A2009-0018 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 ATTACHMENT1 TO REPORT PSD-070-09 • c~lli[1;~i011 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFF KELSO OWNER: JEFF KELSO PROPERTY LOCATION: 127 WELLINGTON STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0016 PURPOSE: TO PERMIT THE CREATION OF A NEW RESIDENTIAL LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FROM 460 SQUARE METRES TO 400 SQUARE METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO REDUCE THE MINIMUM LOT AREA FOR THE NEW RESIDENTIAL LOT FROM 460 MZ TO 400 MZ TO PERMIT THE CREATION OF THE NEW RESIDENTIAL LOT AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBOURHOOD AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION:. June 18, 2009 LAST DAY OF APPEAL: July 8, 2009 CIarJ~ngto~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFF KELSO OWNER: JEFF KELSO PROPERTY LOCATION: 36 SILVER STREET. BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0017 PURPOSE: TO PERMIT THE CREATION OF A NEW SEMI-DETACHED LOT BY REDUCING THE MINIMUM REQUIRED LOT AREA FROM 550 SQUARE METRES TO 470 SQUARE METRES; TO PERMIT THE EXISTING SEMI-DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3.2 METRES; AND TO PERMIT THE EXISTING UNENCLOSED PORCH BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO A REQUIRED YARD FROM 1.5 METRES TO 2.1 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO REDUCE THE MINIMUM LOT AREA FOR THE SEMI- DETACHED RESIDENTIAL LOT FROM 550 MZ TO 470 M2, TO REDUCE THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0 M TO 3.2 M AND TO INCREASE THE PERMITTED MAXIMUM PROJECTION OF AN UNENCLOSED PORCH INTO A REQUIRED YARD FROM 1.5 M TO 2.1 M TO PERMIT THE CREATION OF THE NEW RESIDENTIAL LOT WITH IT'S EXISTING SEMI-DETACHED RESIDENTIAL BUILDING AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBORHOOD AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIALPLAN. TO TABLE THE APPLICATION TO INCREASE THE MAXIMUM UNENCLOSED PORCH PROJECTION FROM 1.5 M TO 2.1 M TO ALLOW TIME FOR CIRCULATION OF THE NEW PUBLIC MEETING NOTICE AND A NEW PUBLIC MEETING TO BE HELD. DATE OF DECISION: June 18, 2009 LAST DAY OF APPEAL: July 8, 2009 ~l~~~~t0~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: PARADISAIC CUSTOM DECKS & LANDSCAPING OWNER: DAVID ROBICHAUD PROPERTY LOCATION: 65 MCLELLAN COURT, COURTICE PART LOT 32, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2009-0018 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REAR YARD FROM 2.5 METRES TO 4.7 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN EXISTING ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REQUIRED REAR YARD FROM 2.5 M TO 4.7 M SUBJECT TO THE CONDITION THAT A BUILDING PERMIT FOR THE EXISTING DECK IS ISSUED WITHIN 60 DAYS OF THE DECISION AND THAT THE MAXIMUM WIDTH OF THE DECK BE 3.81 M AS IT IS MINOR IN NATURE, NOT DETRIMENTAL TO THE NEIGHBORHOOD AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN. DATE OF DECISION: June 18, 2009 LAST DAY OF APPEAL: July 8, 2009