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Home My WebLink AboutPSD-107-09Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, November 16, 2009 ~2~ ~~fi~"~ ~ GP~~67~ 0 g Report #: PSD-107-09 File No's: A2009-0040 through A2009-0043 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 29, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-107-09 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on October 29, 2009 for applications A2009-0040 through A2009-0043 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by:~ ~-" wk.. D i . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Office MH/CP/av/df 2 November 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-107-09 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 October 29, 2009 1.2 Application A2009-0040 was filed to permit the construction of a mixed use building, by reducing the minimum required landscape strip abutting the westerly property line from 3 metres to 1.5 metres, by allowing for a dental office use with a maximum floor area of 210 square metres, and also by increasing the maximum permitted gross commercial floor space from 400 square metres to 415 square metres. The proposed dental office is similar to other permitted uses and will not result in an increase in the amount of parking required on the subject site. The proposed reduced landscape strip will be mitigated by a 1.8 metre high privacy fence and the proposed increase in gross commercial floor area represented an increase of only 4%. The application meets the intent of the Zoning By-law and will not be detrimental to the surrounding neighbourhood. Committee concurred with Staffs recommendations and approved the application. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2009-0040 through A2009-0043 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 A2009-0040 through A2009-0043 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 (October 29, 2009) Attachment 1 To Report PSD-107-09 Clar~~gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ALDERGROVE ESTATES INC. OWNER: ALDERGROVE ESTATES INC. PROPERTY LOCATION: 258 KING STREET EAST, BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0040 PURPOSE: TO PERMIT CONSTRUCTION OF A MIXED USE. BUILDING BY INCREASING THE MAXIMUM PERMITTED GROSS COMMERCIAL FLOOR SPACE FROM 400 SQUARE METRES TO 415 SQUARE METRES, TO PERMIT A DENTAL OFFICE USE AND TO REDUCE THE LANDSCAPE STRIP ABUTTING THE WESTERN SIDE OF THE PARKING LOT FROM 3.0 METRES TO 1.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A MIXED USE BUILDING WITH A MAXIMUM PERMITTED GROSS COMMERCIAL FLOOR SPACE OF 415 SQUARE METRES, AND TO PERMIT A DENTAL OFFICE USE AS PART OF THE 415 SQUARE METRES, WITH A MAXIMUM 210 SQUARE METRE FLOOR AREA AND TO REDUCE THE LANDSCAPE STRIP ABUTTING THE WESTERN SIDE OF THE PARKING LOT FROM 3 METRES TO 1.5 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 29, 2009 LAST DAY OF APPEAL: November 18, 2009 Claringron Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TUNNEY PLANNING INC. OWNER: INTRACORP DEVELOPMENTS INC. PROPERTY LOCATION: 23 BONS AVENUE, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0041 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK ON STREET SIDE WITH A MUNICIPAL SIDEWALK FROM 4.0 METRES TO 3.0 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK ON A STREET SIDE WITH A MUNICIPAL SIDEWALK FROM 4 METRES TO 3 METRES, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND ZONING BY-LAW, IS CONSIDERED MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: October 29, 2009 LAST DAY OF APPEAL: November 18, 2009 ~Iarington eading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KING TUTK CONTRACTING OWNER: GLEN MIDDLETON PROPERTY LOCATION: 4154 HIGHWAY 2, CLARKE PART LOT 15, CONCESSION 2 FORMER TOWNSHIP OF CLARKE FILE NO.: A2009-0042 PURPOSE: TO PERMIT THE EXTERIOR EXTENSION (ADDITION OF A SUNROOM) OF A LEGAL NON- CONFORMING USE (RESIDENTIAL) IN A "SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-2) ZONE". DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE EXTERIOR EXTENSION (ADDITION OF A SUNROOM) OF A LEGAL NON-CONFORMING USE (SINGLE DETACHED DWELLING) IN A "SPECIAL PURPOSE COMMERCIAL EXCEPTION (C4-2) ZONE", 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 NEIGBOURHOOD. DATE OF DECISION: October 29, 2009 LAST DAY OF APPEAL: November 18, 2009 Clar~gton (.eadirsg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: RIZWAN WANCHO OWNER: RIZWAN WANCHO PROPERTY LOCATION: 134 & 136 QUEEN STREET, BOWMANVILLE PART LOT 12, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0043 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DUPLEX DWELLING BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 1.5 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DUPLEX DWELLING BY REDUCING THE MINIMUM REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 1.5 METRES, SUBJECT TO THE FOLLOWING CONDITION: THAT A MINIMUM 7.5 METRE NORTHERLY INTERIOR SIDE= YARD SETBACK IS MAINTAINED, 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 29, 2009 LAST DAY OF APPEAL: November 18, 2009