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HomeMy WebLinkAboutPSD-082-09n Le~~~~ R E P ~ RT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING ~sblw+-, o~~ G~~- ~5-d~ Date: Monday, September 14, 2009 Report #: PSD-082-09 Flle No's: A2009-0017 & A2009-0019 through A2009-0028 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 9, 2009, JULY 30, 2009 AND AUGUST 20, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-082-09 be received; and, 2. THAT Council concur$ with the decisions of the Committee of Adjustment made on July 9, 2009, July 30, 2009 and August 20, 2009 for applications A2009-0017 and A2009- 0019 through A2009-0028 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Dav rom , M.C.I.P., R.P.P. Director of Planning Services August 26, 2009 MK/CP/sh 40 Reviewed by: v ~'~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON VILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-082-09 1.0 APPLICATION DETAILS PAGE 2 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 JULY 9, 2009 A lication Number Staff Recommendation Decision of Committee A2009-0017 A rove A roved A2009-0019 A rove A roved A2009-0020 A rove with conditions A roved with conditions A2009-0021 A rove A roved A2009-0022 A rove with conditions A roved with conditions A2009-0023 A rove with conditions A roved with conditions A2009-0024 A rove with conditions A roved with conditions DECISION OF COMMITTEE OF ADJUSTMENT FOR JULY 30, 2009 A lication Number Staff Recommendation Decision of Committee A2009-0025 A rove with conditions A roved with conditions A2009-0026 A rove with conditions A roved with conditions DECISION OF COMMITTEE OF ADJUSTMENT FOR AUG~JST 20, 2009 A lication Number Staff Recommendation Decision of Committee A2009-0027 A rove A roved A2009-0028 A rove with conditions A roved with conditions REPORT NO.: PSD-082-09 PAGE 3 1.2 Application A2009-0017 was originally heard at the Committee of Adjustment meeting of June 18, 2009. The application was approved in part and tabled in part, as the applicant had later revised the application to include an existing porch located within a required interior side yard setback. The amended application was heard by the Committee on July 9, 2009, and was approved as per Staff recommendations. 1.3 Application A2009-0019 was filed to recognize an existing commercial driveway entrance and parking area which was deficient in setbacks to zone and property boundaries. The application was submitted by the applicant in order to satisfy a condition of Site Plan Approval for a proposed eat-in restaurant in Burketon. The Committee concurred with Staff's recommendations and approved the application. 1.4 Application A2009-0020 was filed to permit the conversion of an existing single detached dwelling into an accessory building by increasing the maximum permitted height and total floor area. Staff recommended that all interior plumbing be removed and that the building be disconnected from the well and septic as it could no longer be used as a dwelling unit, once converted. The Committee concurred with Staff's recommendations and approved the application with conditions. 1.5 Application A2009-0021 was filed to permit the enclosure of an existing unenclosed porch by reducing. the minimum required front yard setback, and to permit the construction of an attached unenclosed deck at the rear of the dwelling by increasing the maximum permitted projection into a required rear yard. Committee concurred with Staff's recommendation and approved the application. 1.6 Applications A2009-0022, A2009-0023 and A2009-0024 were submitted by the applicant in order to satisfy conditions of a land severance application. The minor variance applications were requesting the recognition of existing site conditions in order to facilitate the creation of three (3) commercial properties located in the East Town Centre of Bowmanville. The site deficiencies included reduced drive aisle widths and reduced landscaped open space. All existing businesses on site would continue to operate in the same manner and there would be very little change to existing site conditions; therefore Staff believed the applications would have no detrimental impact on the neighbourhood. Committee concurred with Staff's recommendations and approved all three applications with conditions. 1.7 Application A2009-0025 was filed to permit the enlargement (second story addition) of a legal non-conforming use (single detached dwelling) in an "Environmental Protection (EP) Zone" subject to the condition that no additional bedrooms or plumbing fixtures are added and that the size of the residence does not exceed 200 square metres in total floor area. Committee concurred with Staff's recommendation and approved the application. 1.8 Application A2009-0026 was filed to permit the construction of a proposed detached garage by increasing the maximum allowable height from 4 metres to 4.5 metres subject to the condition that the sitting area on the south side of the detached garage remain open and unobstructed by walls, windows or doors, excluding the wall of the REPORT NO.: PSD-082-09 PAGE 4 garage to which the sitting area is attached. Committee concurred with Staff's recommendation and approved the application. 1.9 Application A2009-0027 was filed to permit the construction of a livestock building by reducing the minimum required agricultural setback from four existing neighbouring dwellings. The applicant was proposing to replace an existing livestock/ hay storage building, with a new building having the same capacity for livestock as the existing. The proposed location of the new livestock met the Ministry of Agriculture, .Food and Rural Affairs' Minimum Distance Separation guidelines and therefore Staff believed the proposed variance was minor in nature and meeting the intent of the Zoning By-law. Committee concurred with Staff s recommendations and approved the application. 1.10 Application A2009-0028 was filed to permit the construction of a liquid manure storage tank and the expansion of an existing livestock barn by reducing the minimum required agricultural setback in both Zoning By-law 84-63 and Zoning By-law 2005-109, as well as provincial Minimum Distance Separation from two existing neighbouring dwellings. During the review of the application it was discovered that two farm buildings (hoop and tarp structures) had been constructed in 2004 without a building permit. It was made a condition of this variance that building permits be taken out for these two structures. Committee concurred with Staff s recommendations and approved the application. COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0017 and A2009-0019 through A2009-0028 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 A2009-0017 and A2009-0019 through A2009-0028 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 (July 9, 2009) Attachment 2 -Periodic Report for the Committee of Adjustment (July 30, 2009) Attachment 3 -Periodic Report for the Committee of Adjustment (August 20, 2009) Attachment 1 To Report PSD-082-09 arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFF KELSO OWNER: JEFF KELSO PROPERTY LOCATION: 34 SILVER STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0017 PURPOSE: TO PERMIT THE EXISTING UNENCLOSED PORCH (CONCRETE PAD NOT DEMOLISHED) IN THE INTERIOR SIDE YARD BY INCREASING THE MAXIMUM UNENCLOSED PORCH PROJECTION FROM 1.5 METRES TO 2.1 METRES; AND BY DECREASING THE REQUIRED (INTERIOR) SIDE YARD MINIMUM SETBACK FROM 1.2 METRES TO 0.9 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE INCREASE OF THE MAXIMUM UNENCLOSED PORCH (CONCRETE PAD) PROJECTION INTO THE WESTERLY INTERIOR SIDE YARD FROM 1.5 METRES TO 2.1 METRES; AND TO REDUCE THE MINIMUM INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.9 METRES, TO PERMIT THE CREATION OF THE NEW RESIDENTIAL LOT WITH ITS EXISTING SEMI- DETACHED RESIDENTIAL BUILDING, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 1 n ~~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PURPOSE: KARIN DIETER KARIN DIETER 10249 OLD SCUGOG ROAD, BURKETON PART LOT 19, CONCESSION 10 FORMER TOWN(SHIP) OF DARLINGTON A2009-0019 TO PERMIT THE CONSTRUCTION OF AN EAT-IN RESTAURANT BY REDUCING THE SIZE OF THE REQURIED LOADING SPACE FROM 4 METRES X 11 METRES TO 3 METRES X 7.5 METRES. TO PERMIT THE ESTABLISHMENT OF A COMMERICIAL DRIVEWAY AND PARKING AREA BY REDUCING THE MINIMUM SETBACK FROM THE SOUTHERLY SIDE LOT LINE BOUNDARY ABUTTING A RURAL SETTLEMENT (RS) ZONE FOR THE DRIVEWAY FROM 7.5 METRES TO 4 METRES, FOR THE PORTION OF THE DRIVEWAY AND PARKING AREA LOCATED EAST OF THE EXITING REAR BUILDING LINE FROM 7.5 METRES TO 1.5 METRES AND FOR THE PORTION OF THE DRIVEWAY LOCATED WITHIN 5 METRES OF THE MUNICIPAL ROAD ALLOWANCE FROM 7.5 METRES TO 1.5 METRES. TO PERMIT THE ESTABLISHMENT OF A COMMERCIAL ENTRANCE BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE BOUNDARY OF THE SOUTHERLY SIDE LOT LINE BOUNDARY OF A RESIDENTIAL ZONE FROM 7.5 METRES TO 1.5 METRES DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN EAT-IN RESTAURANT BY REDUCING THE SIZE OF THE REQUIRED LOADING SPACE FROM 4 METRES X 11 METRES TO 3 METRES X 7.5 METRES; TO PERMIT THE ESTABLISHMENT OF A COMMERCIAL DRIVEWAY AND PARKING AREA BY REDUCING THE MINIMUM SETBACK FROM THE SOUTHERLY SIDE LOT LINE BOUNDARY ABUTTING A RURAL SETTLEMENT (RS) ZONE FOR THE DRIVEWAY FROM 7.5 METRES TO 4 METRES, FOR THE PORTION OF THE DRIVEWAY AND PARKING AREA LOCATED EAST OF THE EXISTING REAR BUILDING LINE FROM 7.5 METRES TO 1.5 METRES AND FOR THE PORTION OF THE DRIVEWAY LOCATED WITHIN 5 METRES OF THE MUNICIPAL ROAD ALLOWANCE FROM 7.5 METRES TO 1.5 METRES (UNDER ZONING BY-LAW 2005-109) AND TO PERMIT THE ESTABLISHMENT OF A COMMERCIAL ENTRANCE BY REDUCING THE MINIMUM REQUIRED SETBACK FROM THE SOUTHERLY SIDE LOT LINE BOUNDARY OF A RESIDENTIAL ZONE FROM 7.5 METRES TO 1.5 METRES (UNDER ZONING BY-LAW 84-63) AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 • ~r.~ n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRENDA ALGAR OWNER: GRANT ALGAR PROPERTY LOCATION: 4327 FICES ROAD, DARLINGTON PART LOT 34, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2009-0020 PURPOSE: TO PERMIT THE CONVERSION OF A SINGLE DETACHED DWELLING TO AN ACCESSORY BUILDING (STORAGE BUILDING) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED FLOOR AREA FOR AN ACCESSORY BUILDING FROM 120 SQUARE METRES TO 144 SQUARE METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONVERSION OF THE SINGLE DETACHED DWELLING TO AN ACCESSORY BUILDING (STORAGE BUILDING) BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5.5 METRES AND BY INCREASING THE MAXIMUM PERMITTED FLOOR AREA FOR AN ACCESSORY BUILDING FROM 120 M2 TO 144 M2, SUBJECT TO THE FOLLOWING CONDITIONS: - THAT ALL FIXTURES AND EXPOSED PLUMBING BE REMOVED FROM THE FIRST AND SECOND FLOORS OF THE BUILDING, ALL FIXTURES AND ALL PLUMBING IN THE BASEMENT BE REMOVED FROM THE BUILDING AND KITCHEN FIXTURES AND APPLIANCES BE REMOVED FROM THE BUILDING, UPON OCCUPATION OF THE NEW DWELLING AND THAT IT BE DISCONNECTED FROM THE WELL AND SEPTIC SYSTEM AND - THAT A BUILIDNG PERMIT BE fSSUED, WHERE REQUIRED, FOR ALTERATIONS MADE IN CONVERTING THE DWELLING TO AN ACCESSORY BUILDING, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 • arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DARWOOD HOMES AND RENDS OWNER: JOHN SORRIER PROPERTY LOCATION: 32 ODELL STREET, BOWMANVILLE PART LOT 12, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0021 PURPOSE: TO PERMIT THE CONVERSION OF AN EXISTING UNENCLOSED PORCH INTO AN ENCLOSED PORCH BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 4.5 M TO 3 M & TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REQUIRED REAR YARD FROM 1.5 M TO 3.25 M. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONVERSION OF AN EXISTING UNENCLOSED PORCH INTO AN ENCLOSED PORCH BY REDUCING THE MINIMUM REQUIRED FRONT YARD SETBACK FROM 4.5 METRES TO 3 METRES AND TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REQUIRED REAR YARD FROM 1.5 METRES TO 3.25 METRES, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 • arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING INC OWNER: MORANDA JAMES VENTURES PROPERTY LOCATION: 181 CHURCH STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0022 PURPOSE: TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF THE LOADING SPACE DRIVE AISLE FROM 6 METRES TO 3.5 METRES AND BY REDUCING THE MINIMUM LANDSCAPE OPEN SPACE FROM 10% TO 8%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF THE LOADING SPACE DRIVE AISLE FROM 6 METRES TO 3.5 METRES AND BY REDUCING THE LANDSCAPED OPEN SPACE FROM 10% TO 8%, PROVIDING THAT T,HE GROSS COMMERCIAL FLOOR AREA DOES NOT EXCEED 300 M2, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 • arm n I eading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING INC OWNER: MORANDA JAMES VENTURES PROPERTY LOCATION: 14 SILVER STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0023 PURPOSE: TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF A DRIVE AISLE FROM 6 METRES TO 4.2 METRES FOR ACCESS VIA THE WEST SIDE OF THE PROPERTY AND FROM 6 METRES TO 3.5 METRES FOR ACCESS VIA THE EAST SIDE OF THE PROPERTY, AND BY ELIMINATING THE REQUIRED LOADING SPACE, AND BY REDUCING THE MINIMUM LANDSCAPED OPEN SPACE FROM 10% TO 2%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF A DRIVE AISLE FROM 6 METRES TO 4.2 METRES FOR ACCESS VIA THE WEST SIDE OF THE PROPERTY AND FROM 6 METRES TO 3.5 METRES FOR ACCESS VIA THE EAST SIDE OF THE PROPERTY, AND BY REDUCING THE MINIMUM LANDSCAPED OPEN SPACE FROM 10% TO 2%, AND THAT THE VARIANCE TO ELIMINATE THE REQUIRED LOADING SPACE BE APPROVED SUBJECT TO THE CONDITION THAT THE GROSS COMMERCIAL FLOOR AREA SHALL NOT EXCEED 100 M2, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 • ar.~n n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING INC OWNER: MORANDA JAMES VENTURES PROPERTY LOCATION: 12 SILVER STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2009-0024 ' PURPOSE: TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF THE DRIVE AISLE FROM 6 METRES TO 4.5 METRES FOR ACCESS TO THE PARKING SPACES VIA THE WEST SIDE OF THE PROPERTY AND FROM 6 METRES TO 4 METRES FOR ACCESS TO THE LOADING SPACE VIA THE EAST SIDE OF THE PROPERTY, AND BY REDUCING THE MINIMUM LANDSCAPE OPEN SPACE FROM 10% TO 6%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CREATION OF A NEW LOT BY REDUCING THE MINIMUM WIDTH OF THE DRIVE AISLE FROM 6 METRES TO 4.5 METRES FOR ACCESS TO THE PARKING SPACES VIA THE WEST PROPERTY LINE, AND FURTHER, TO PERMIT THE REDUCTION FROM 6 METRES TO 4 METRES FOR ACCESS TO THE LOADING SPACE VIA THE SILVER STREET ENTRANCE, AND BY REDUCING THE MINIMUM LANDSCAPED OPEN SPACE FROM 10% TO 6% SUBJECT TO THE FOLLOWING CONDITIONS: - THAT THE COMMERCIAL FLOOR AREA AVAILABLE ON-SITE DOES NOT EXCEED 300 M2AND - THAT THE LANDSCAPING LOCATED IN THE FRONT YARD BE MAINTAINED AT A HEIGHT NO GREATER THAN 0.75 METRES, AS IT IS MINOR IN NATURE, MEETS THE INTENT OF THE ZONING BY-LAW AND BOTH OFFICIAL PLANS, AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: July 9, 2009 LAST DAY OF APPEAL: July 29, 2009 Attachment 2 To Report PSD-082-09 • arm n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MIKE LAWITZKI MIKE LAWITZKI PROPERTY LOCATION: 7245 CARSCADDEN ROAD, CLARKE PART LOT 14, CONCESSION 7 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2009-0025 PURPOSE: TO PERMIT THE ENLARGEMENT (SECOND STOREY CONFORMING USE (SINGLE DETACHED DWELLING) PROTECTION (EP) ZONE". DECISION OF COMMITTEE: ADDITION) OF A LEGAL NON- IN AN "ENVIRONMENTAL TO APPROVE THE APPLICATION TO PERMIT THE ENLARGEMENT (SECOND STORY ADDITION) OF A LEGAL NON-CONFORMING USE (SINGLE DETACHED DWELLING) IN AN "ENVIRONMENTAL PROTECTION (EP) ZONE", SUBJECT TO THE CONDITION THAT NO ADDITIONAL BEDROOMS OR PLUMBING FIXTURES ARE ADDED AND THAT THE SIZE OF THE RESIDENCE DOES NOT EXCEED 200 M2 IN TOTAL FLOOR AREA AS IT MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 30, 2009 LAST DAY OF APPEAL: August 19, 2009 • ar.~ n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MYLES MCCAUL OWNER: MYLES MCCAUL PROPERTY LOCATION: 127 BALDWIN STREET, NEWCASTLE VILLAGE PART LOT 29, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2009-0026 ., PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4 METRES TO 4.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A PROPOSED DETACHED GARAGE BY INCREASING THE MAXIMUM ALLOWABLE HEIGHT FROM 4 M TO 4.5 M SUBJECT TO THE CONDITION THAT THE SITTING AREA ON THE SOUTH SIDE OF THE DETACHED GARAGE REMAIN OPEN AND UNOBSTRUCTED BY WALLS, WINDOWS OR DOORS, EXCLUDING THE WALL OF THE GARAGE TO WHICH THE SITTING AREA IS ATTACHED AS IT MEETS THE INTENT OF THE ZONING BY-LAW AND'OFFICIAL PLAN AND IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: July 30, 2009' LAST DAY OF APPEAL: August 19, 2009 Attachment 3 To Report PSD-032-09 • arm n beading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ADOLF SCHLACHT OWNER: ADOLF SCHLACHT PROPERTY LOCATION: 3625 CONCESSION RD 7, CLARKE PART LOT 26, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2009-0027 PURPOSE: TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 232 METRES FROM THE NEAREST DWELLING AT 3624 CONCESSION ROAD 7, FROM 300 METRES TO 185 METRES FROM THE NEAREST DWELLING AT 3643 CONCESSION ROAD 7, FROM 300 METRES TO 224 METRES FROM THE NEAREST DWELLING AT 3649 CONCESSION ROAD 7 AND FROM 300 METRES TO 275 METRES TO THE NEAREST DWELLING AT 3653 CONCESSION ROAD 7. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BUILDING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 232 METRES FROM THE NEAREST DWELLING AT 3624 CONCESSION ROAD 7, FROM 300 METRES TO 185 METRES FROM THE NEAREST DWELLING AT 3643 CONCESSION ROAD 7, FROM 300 METRES TO 224 METRES FROM THE NEAREST DWELLING AT 3649 CONCESSION ROAD 7 AND FROM 300 METRES TO 275 METRES TO THE NEAREST DWELLING AT 3653 CONCESSION ROAD 7, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD DATE OF DECISION: August 20, 2009 LAST DAY OF APPEAL: September 9., 2009 • arm n beading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MORGAN DONNERAL OWNER: JAMES MILLSON PROPERTY LOCATION: 1886 CONCESSION RD 7, DARLINGTON PART LOT 25, CONCESSION 7 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2009-0028 PURPOSE: TO PERMIT THE CONSTRUCTION OF A MANURE STORAGE FACILITY (CONCRETE LIQUID MANURE TANK) BY REDUCING THE MIN REQUIRED AGRICULTURAL SETBACK IN BY-LAW 84-63 FROM 300 M TO 190 M FROM THE DWELLING AT 1893 CONCESSION ROAD 7, AND FROM 300 M TO 240 M FROM THE DWELLING AT 1925 CONCESSION ROAD 7; TO PERMIT THE EXPANSION OF AN EXISTING LIVESTOCK FACILITY (DAIRY BARN) BY REDUCING THE MIN REQUIRED AGRICULTURAL SETBACK IN BY-LAW 84-63 FROM 300 M TO 125 M FROM THE DWELLING AT 1893 CONCESSION ROAD 7, AND FROM 300 M TO 175 M FROM THE DWELLING AT 1925 CONCESSION ROAD 7; AND TO PERMIT THE EXPANSION OF AN EXISTING LIVESTOCK FACILITY (DAIRY BARN) BY REDUCING THE MIN REQUIRED SEPARATION BETWEEN A LIVESTOCK FACILITY AND THE DWELLING AT 1893 CONCESSION ROAD 7 FROM 179 M TO 125 M, AND THE DWELLING AT 1925 CONCESSION ROAD 7 FROM 179 M TO 175 M REQUIRED IN BY- LAW 2005-109. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A MANURE STORAGE FACILITY (CONCRETE LIQUID MANURE TANK) BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK IN BY-LAW 84-63 FROM 300 METRES TO 190 METRES FROM THE DWELLING AT 1893 CONCESSION ROAD 7, AND FROM 300 METRES TO 240 METRES FROM THE DWELLING AT 1925 CONCESSION ROAD 7; TO PERMIT THE EXPANSION OF AN EXISTING LIVESTOCK FACILITY (DAIRY BARN) BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK IN BY-LAW 84-63 FROM 300 METRES TO 125 METRES FROM THE DWELLING AT 1893 CONCESSION ROAD 7, AND FROM 300 METRES TO 175 METRES FROM THE DWELLING AT 1925 CONCESSION ROAD 7; AND TO PERMIT THE EXPANSION OF AN EXISTING LIVESTOCK FACILITY (DAIRY BARN) BY REDUCING THE MINIMUM DISTANCE SEPARATION (MDS II) BETWEEN A LIVESTOCK FACILITY AND THE DWELLING AT 1893 CONCESSION ROAD 7 FROM 179 METRES TO 125 METRES, AND THE DWELLING AT 1925 CONCESSION ROAD 7 FROM 300 METRES TO 175 METRES REQUIRED IN BY-LAW 2005-109, SUBJECT TO THE CONDITION THAT THE OWNER OBTAIN BUILDING PERMITS FOR BUILDINGS 5 AND 6 AS SHOWN ON THE SITE PLAN AND CONSTRUCTED IN 2004 WITHOUT A PERMIT, WITHIN 180 DAYS OF THE ENVIRONMENTAL HOLDING SYMBOL BEING REMOVED, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY- LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: August 20, 2009 LAST DAY OF APPEAL: September 9, 2009