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Home My WebLink AboutPSD-114-09~Iarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, December 7, 2009 ~e-Sb f ufiras ~ G ~ `~ 6 `f 7- ~ Report #: PSD-114-09 File No's: A 2009-0044, A 2009-0045 & A 2009-0046 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 19, 2009. RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-114-09 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 19, 2009 for applications A 2009-0044, A 2009-0045 and A 2009-0046 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David MK/CP/av/sn November 24, 2009 _ Reviewed by: ~ ~~ rome, MCIP, RPP Franklin Wu, of Planning Services Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-114-09 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 November 19, 2009 A lication Number Staff Recommendation Decision of Committee A 2009-0044 A rove A roved A 2009-0045 A rove with Conditions A roved with Conditions A 2009-0046 A rove with Conditions A roved with Conditions 1.2 Application A 2009-0045 was filed to permit an existing attached deck (unenclosed) by reducing the minimum required westerly side yard setback from 1.2 metres to 0.9 metres. A letter was submitted by a nearby resident who had concerns with the height of the existing deck, as the applicant has view over the fence into their yard thereby removing all privacy. The Committee agreed with Staffs comments, which stated that the height of the deck is in conformity to the Zoning By-law regulations, and a reduction of side yard setback from 1.2 metres to 0.9 metres will not significantly increase the applicant's ability to view into the neighbour's yard than if the deck was built at a 1.2 metre side yard setback. In addition, consideration was had for the fact that only a small portion of the deck was encroaching into the required side yard, due to the irregular shaped lot which tapered inward from the front yard to the rear yard. The Committee concurred with Staffs recommendation, and approved the application with the following condition: 1) That at their own, expense, the owner is responsible for the removal of the existing deck and any reconstruction if it is required to achieve certification of the lot grading; and 2) That the proposed stairs maintain a minimum 6.0 metre setback to the rear yard and a 0.9 metre setback to the westerly side yard. REPORT NO.: PSD-114-09 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A 2009-0044, A 2009-0045 and A 2009-0046 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 A 2009-0044, A 2009-0045 and A 2009-0046 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 (November 19, 2009) Claringto~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BRIAN VALIN BRIAN VALIN PROPERTY LOCATION: 4697 CONCESSION RD 5, CLARKE PART LOT 5, CONCESSION 4 FORMER TOWNSHIP OF CLARKE FILE NO.: A2009-0044 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 210 METRES FROM THE LIVESTOCK BUILDING AT 4667 CONCESSION ROAD 5. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE REDUCTION IN MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 210 METRES FROM THE LIVESTOCK BUILDING AT 4667 CONCESSION ROAD 5, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: LAST DAY OF APPEAL: November 19; 2009 December 9, 2009 «1i1~°t0Il Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 2075568 ONTARIO INC OWNER: 2075568 ONTARIO INC. PROPERTY LOCATION: 4 MILL LANE, BOWMANVILLE PART LOT 17, CONCESSION 6 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0045 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN EXISTING ATTACHED DECK (UNENCLOSED) BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.9 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN EXISTING ATTACHED DECK (UNENCLOSED), BY REDUCING THE MINIMUM REQUIRED WESTERLY INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.9 METRES, SUBJECT TO THE FOLLOWING CONDITIONS: 1) THAT AT THEIR OWN EXPENSE THE OWNER IS RESPONSIBLE FOR THE REMOVAL OF THE EXISTING DECK AND ANY RECONSTRUCTION IF IT IS REQUIRED TO ACHIEVE CERTIFICATION OF THE LOT GRADING; AND 2) THAT THE PROPOSED STAIRS MAINTAIN A MINIMUM 6.0 METRE SETBACK TO THE REAR YARD AND A 0.9 METRE SETBACK TO THE WESTERLY SIDE YARD, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: November 19, 2009 LAST DAY OF APPEAL: December 9, 2009 C~arington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CASSIDY & CO. OWNER: FANDOR HOMES PROPERTY LOCATION: 111 BUTTONSHAW STREET, BOWMANVILLE PART LOT 124, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0046 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE REDUCTION IN THE REQUIRED REAR YARD SETBACK FROM 7.5 METRES TO 6 METRES, SUBJECT TO THE FOLLOWING CONDITION: 1) THAT ANY PROJECTION INTO THE REQUIRED REAR YARD WILL CONTINUE TO BE FROM THE 7.5 METRE SETBACK REQUIREMENT, SAVE AND EXCEPT FOR A CHIMNEY BREAST WALL, 2 METRES WIDE, HAVING A PROJECTION OF NO MORE THAN 0.5 METRES INTO THE REAR YARD, AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND IS NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: November 19. 2009 LAST DAY OF APPEAL: December 9, 2009