HomeMy WebLinkAboutPSD-094-09~ar~~on REPORT
Leading rite way
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING
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Date: Monday, October 19, 2009
Report #: PSD-094-09 File No's: A2009-0029 through A2009-0037
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETINGS OF SEPTEMBER 3, 2009 AND OCTOBER 1, 2009.
RECOMMENDATIONS:....
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-094-09 be received;
2. THAT Council CONCURS with the decisions of the Committee of Adjustment made on
September 3, 2009 far applications A2009-0029 through A2009-0031 and on October 1,
2009 for applications A2009-0034 through A2009-0036, 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 CONCURS with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on October 1, 2009, for applications A2009-
0032, A2009-0033 and A2009-0037 is not warranted. However, should an appeal be
lodged by another party, that Staff be authorized to appear before the Ontario Municipal
Board to defend its original recommendation.
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Submitted by: ~ ~~
David . Crome, MCIP, RPP
Director of Planning Services
Reviewed by: C~ ~-- ~ K..
Franklin Wu,
Chief Administrative Officer
MH/CP/df
7 October 2009
CORPORATION OF THE MUNICIPALITY OF
L1 C 3A6 T
REPORT NO.: PSD-094-09
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
Attachments 1 and 2. The decisions of the Committee are summarized below:
DECISION OF COMMITTEE OF ADJUSTMENT FOR
SEPTEMBER 3, 2009
DECISION OF COMMITTEE OF ADJUSTMENT FOR
OCTOBER 1, 2009
A2009-0032 A rove in art and Den in art A rove
Approve in part with conditions
A2009-0033 and Den in art A rove
A2009-0034 A rove A rove
A2009-0035 A rove A rove
A2009-0036 A rove A rove
A2009-0037 A rove Table
1.2 Application A2009-0030 was filed to permit the construction of a detached garage by
increasing the maximum permitted floor area from 60 square metres to 90 square
metres and by increasing the maximum permitted height from 4 metres to 4.6 metres.
The applicant stated that he requires this increase in size to store a collection of
automobiles. Staff supported the proposed increase in height but did not consider the
proposed increase in maximum permitted floor area minor. The Committee agreed that
the proposed 50% increase in maximum permitted floor area was not minor and
approved a smaller floor area increase of 81 sq.m. The Committee concurred with
Staff's recommendation to approve the increase in maximum permitted height.
REPORT NO.: PSD-094-09
PAGE 3
1.3 Application A2009-0032 was filed to permit the construction of a detached. garage by
increasing the maximum permitted height from 4 metres to 4.8 metres and by increasing
the maximum permitted floor area from 60 square metres to 80 square metres.
Staff recommended approval of the proposed increase in total floor area, and denial of
the proposed increase in maximum permitted height. The staff report to the Committee
advised that an increase in height to 4.8 metres to permit a second storey loft space
within the detached garage, as requested by the applicant, does not meet the intent of
the Zoning By-law which is to eliminate second storeys and loft spaces within accessory
buildings.
The Committee considered Staff's opinion and decided to approve the application in full.
1.4 Application A2009-0033 was filed to permit the construction of an accessory building
(detached garage) by reducing the minimum required easterly side yard setback from
1.2 metres to 0.6 metres, and to increase the maximum permitted height to 5.5 metres
in both Zoning By-laws.
Staff recommended approval of the proposed reduction of easterly side yard setback,
and denial of the proposed increase in maximum permitted. height. The staff report to
the Committee advised that an increase in height to 5.5 metres is not minor in nature
and does not meet the intent of both Zoning By-laws to maintain the status of the
dwelling as the dominant feature on the property and to eliminate opportunity for second
storeys or loft spaces within accessory buildings.
Committee considered Staffs opinion and decided to approve the application with a
revised height of 4.5 metres.
1.5 Application A2009-0037 was filed to permit an increase in maximum number of
individual business establishments with a total floor area less than 300 square metres
but greater than 100 square metres from 4 to 6 units and to permit a medical or dental
clinic to be located on the first floor of the building for anon-residential building.
Staff recommended approval of the application. The staff report to .the Committee
advised that the increase in the number of smaller individual stores from 4 to 6 does not
permit a change of land use and it merely provides an opportunity to supply individual
store spaces that are more marketable. The "C9-3" zone will permit retail spaces in a
larger format from 300 square metres to 1000 square metres should markets change
again over time.
The Committee, having only four members present at the meeting, were unable to make
a decision to approve or to deny, as the vote was split evenly. All motions were losf due
to the split vote, and so the Committee decided to table the application until the next
available meeting.
REPORT NO.: PSD-094-09
2.0 COMMENTS
PAGE 4
2.1 Staff have reviewed the Committee's decisions and are satisfied that applications
A2009-0029 through A2009-0031, and applications A2009-0034 through A2009-0036
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 A2009-0029 through A2009-0031, and applications A2009-0034 through
A2009-0036, 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 believe an appeal by the Municipality for the decisions made by the Committee of
Adjustment on October 1, 2009 for applications A2009-0032 and A2009-0033 is not
warranted, as there was no objection from neighbouring land owners and given limited
staff time and resources relative to the issue at dispute. An appeal by the Municipality
for the decision made by the Committee of Adjustment on October 1, 2009 for
application A2009-0037 is not warranted, as the Committee requires additional
members in order to pass a motion and make a final decision on the matter.
Attachments:
Attachment 1 -Periodic Report for the Committee of Adjustment (September 3, 2009)
Attachment 2 -Periodic Report for the Committee of Adjustment (October 1, 2009)
Attachment 1 to
Report PSD-094-09
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ELIZABETH YELPER
OWNER: ELIZABETH YELPER
PROPERTY LOCATION: 177 CORNISH DRIVE, COURTICE
PART LOT 35, CONCESSION 1
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2009-0029
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (UNENCLOSED) BY
INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 50%
TO 54%.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ATTACHED DECK (UNENCLOSED) BY INCREASING THE MAXIMUM PERMITTED
TOTAL LOT COVERAGE FROM 50% TO 54% AS IT MEETS THE INTENT OF THE
OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: September 3, 2009
LAST DAY OF APPEAL: September 23, 2009
Clari~gton
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: LARRY CLUTTERBUCK
OWNER: DAWN CLUTTERBUCK
PROPERTY LOCATION: 8 WASHINGTON PLACE, BOWMANVILLE
PART LOT 11, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2009-0030
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING
THE MAXIMUM PERMITTED FLOOR AREA FROM 60 SQUARE METRES TO 90
SQUARE METRES AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT
FROM 4 METRES TO 4.6 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED
HEIGHT OF A DETACHED GARAGE FROM 4 METRES TO 4.6 METRES AS IT
MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN
NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD, SUBJECT TO THE
SIDE YARD SETBACK OF 2.44 METRES AS SHOWN IN THE APPLICATION. TO
APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A
DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED FLOOR AREA
FROM 60 SQUARE METRES TO 81 SQUARE METRES AS IT MEETS THE INTENT
OF THE OFFICIAL PLAN AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT
DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: September 3, 2009
LAST DAY OF APPEAL: September 23, 2009
I~lli~Oll
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: DG BIDDLE & ASSOCIATES
OWNER: ERHARD WITZKE
PROPERTY LOCATION: 1621 PEBBLESTONE ROAD, COURTICE
PART LOT 31, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2009-0031
PURPOSE:
TO PERMIT THE EXPANSION OF A
INCREASING THE LOT COVERAGE
PERMITTED 12.75% TO 16%.
DECISION OF COMMITTEE:
N EXISTING GREENHOUSE OPERATION BY
FOR NON-RESIDENTIAL USES FROM THE
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED LOT
COVERAGE FOR AGRICULTURAL BUILDINGS (GREENHOUSES) FROM 12.75%
TO 16% AS IT MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING
BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE
NEIGHBOURHOOD.
DATE OF DECISION: September 3, 2009
LAST DAY OF APPEAL: September 23, 2009
Attachment 2 to
Report PSD-094-09
~~~~~.~
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HULL DRAFTING
OWNER: BRENT LAPORTE
PROPERTY LOCATION: 2320 PRESTONVALE ROAD, COURTICE
PART LOT 33, CONCESSION 2
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2009-0032
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 4 METRES TO 4.8 METRES AND BY
INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 60 SQUARE
METRES TO 80 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED HEIGHT
OF THE PROPOSED DETACHED GARAGE FROM 4 METRES TO 4.8 METRES AND TO
INCREASE THE MAXIMUM PERMITTED TOTAL FLOOR AREA FOR ACCESSORY
BUILDINGS FROM 60 SQUARE METRES TO 80 SQUARE METRES, 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:
October 1, 2009
LAST DAY OF APPEAL: October 21, 2009
~al'Li~~OII
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MARK MINICOLA
OWNER: MARK MINICOLA
PROPERTY LOCATION: 3670 CONCESSION ROAD 7, KIRBY
PART LOT 25, CONCESSION 7
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2009-0033
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (DETACHED
GARAGE) BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD
SETBACK FROM 1.2 METRES TO 0.6 METRES AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5.5 METRES IN BY-LAW
84-63 & BY REDUCING THE MINIMUM REQUIRED EASTERLY SIDE YARD
SETBACK FROM 1.2 METRES TO 0.6 METRES AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT FROM 3.7 METRES TO 5.5 METRES IN BY-LAW
2005-109.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ACCESSORY BUILDING (DETACHED GARAGE) BY INCREASING THE MAXIMUM
PERMITTED HEIGHT FROM 3.7 METRES TO 4.5 METRES AND BY REDUCING
THE MINIMUM REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES
TO 0.6 METRES IN ZONING BY-LAW 2005-109, AND BY REDUCING THE MINIMUM
REQUIRED EASTERLY SIDE YARD SETBACK FROM 1.2 METRES TO 0.6 METRES
IN ZONING BY-LAW 84-63, SUBJECT TO THE FOLLOWING CONDITION:
1) THAT ALTERATION OF GRADING OR DRAINAGE ON THE PROPERTY AS A
RESULT OF THE CONSTRUCTION OF THE ACCESSORY BUILDING OR
STRUCTURE CONFORMS TO THE PROVISIONS OF BY-LAW NO. 2008-114
(SITE ALTERATION BY-LAW)
AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND BOTH ZONING
BY-LAWS, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENATAL TO
THE NEIGHBOURHOOD.
DATE OF DECISION: October 1, 2009
LAST DAY OF APPEAL: October 21, 2009
Clarin~gto~
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MORGAN DONNERAL
OWNER: JAMES MILLSON
PROPERTY LOCATION: 1886 CONCESSION ROAD 7
PART LOT 25, CONCESSION 7
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2009-0034
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A LIVESTOCK BARN (EXISTING) BY
REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300
METRES TO 150 METRES FROM THE DWELLING LOCATED AT 1893
CONCESSION ROAD 7, AND FROM 300 METRES TO 230 METRES FROM THE
DWELLING LOCATED AT 1925 CONCESSION ROAD 7.
DECISION OF COMMITTEE:
TO APPROVE THE PROPOSED REDUCTION IN MINIMUM REQUIRED
AGRICULTURAL SETBACK FROM 300 METRES TO 150 METRES FROM THE
DWELLING LOCATED AT 1893 CONCESSION ROAD 7 AND FROM 300 METRES
TO 230 METRES FROM THE DWELLING LOCATED AT 1925 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: October 1, 2009
LAST DAY OF APPEAL: October 21, 2009
ClariJ~tgton
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: STEVEN & JENNIFER BRINK
OWNER: STEVEN & JENNIFER BRINK
PROPERTY LOCATION: 3414 CONCESSION RD 3, CLARKE
PART LOT 30, CONCESSION 3
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2009-0035
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING AT 3414
CONCESSION ROAD 3 BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL
SETBACK FROM AN EXISTING LIVESTOCK FACILITY (BARN 1) FROM 300 METRES TO
165 METRES; BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK
FROM AN EXISTING LIVESTOCK FACILITY (BARN 2) FROM 300 METRES TO 194
METRES; BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM
AN EXISTING LIVESTOCK FACILITY (BARN 3) FROM 300 METRES TO 225 METRES;
AND BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM AN
EXISTING LIQUID MANURE STORAGE PIT FROM 300 METRES TO 205 METRES, ALL
LOCATED AT 3431 CONCESSION ROAD 3.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE
DETACHED DWELLING AT 3414 CONCESSION ROAD 3 BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 1) FROM 300 METRES TO 165 METRES; BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 2) FROM 300 METRES TO 194 METRES; BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIVESTOCK FACILITY
(BARN 3) FROM 300 METRES TO 225 METRES; AND BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK FROM AN EXISTING LIQUID MANURE
STORAGE PIT FROM 300 METRES TO 205 METRES, ALL LOCATED AT 3431
CONCESSION ROAD 3 AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND
THE ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT.
DETRIMENTAL IN NATURE.
DATE OF DECISION: October 1, 2009
LAST DAY OF APPEAL: October 21.2009
C1arington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: JIM ARMSTRONG
OWNER: JIM ARMSTRONG
PROPERTY LOCATION: 4574 HIGHWAY 2, NEWTONVILLE
PART LOT 7, CONCESSION 2
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2009-0036
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A DETACHED WORKSHOP BY INCREASING
THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5 METRES, AND BY
INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 90 SQUARE
METRES TO 120 SQUARE METRES.
DECISION OF COMMITTEE:
TO APPROVE THE PROPOSED CONSTRUCTION OF A DETACHED WORKSHOP BY
INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5 METRES
AND BY INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 90
SQUARE METRES TO 120 SQUARE METRES 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
October 1, 2009
LAST DAY OF APPEAL: October 21, 2009
Clarir~gton
eading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALLOWAY HOLDINGS LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 2378 HIGHWAY 2, BOWMANVILLE
PART LOT 16, CONCESSION 1
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2009-0037
PURPOSE:
TO PERMIT AN INCREASE IN THE MAXIMUM NUMBER OF INDIVIDUAL BUSINESS
ESTABLISHMENTS WITH A TOTAL FLOOR AREA LESS THAN 300 SQUARE METRES
BUT GREATER THAN 100 SQUARE METRES FROM FOUR (4) TO SIX (6) AND TO
PERMIT A MEDICAL OR DENTAL CLINIC TO BE LOCATED ON THE FIRST FLOOR OF
A BUILDING FOR ANON-RESIDENTIAL USE.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION UNTIL THE NEXT AVAILABLE DATE.
DATE OF DECISION: October 1, 2009
LAST DAY OF APPEAL: October 21, 2009