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HomeMy WebLinkAboutPSD-094-09~ar~~on REPORT Leading rite way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Mesa Iu~iar~ #CPA-SGl-o9 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. __ < < 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