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Home My WebLink AboutPSD-035-10Clarington Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 8, 2010 Resolution #: to PF1'/y'~/Cgy-law #: Report #: PSD-035-10 File #: A2010-0001 and A2010-0002 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 18, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-035-10 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on February 18, 2010 for applications A2010-0001 and A2010-0002 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: t~/ F y Langma' FSCLA, MCIP ing Director, Planning Services RH/CP/df/av/ah 25February 2010 -~~~~~~. Reviewed by~ ~- Franklin Wu, 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-035-10 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 Attachment 1. The decisions of the Committee are summarized below. 1.2 Application A2010-0001 was filed to permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from 300 metres to 99 metres from the nearest livestock building at 4675 Gilmore Road. Staffs recommendation was to approve the application as the proposed reduction of agricultural setback met the Ministry's Minimum Distance Separation (MDS) requirements. The Committee concurred with Staffs recommendation and approved the application. 1.3 Application A2010-0002 was filed to permit the construction of a detached garage by increasing the maximum permitted height from 4.5 metres to 5 metres (By-law 84-63), by increasing the maximum permitted height from 3.7 metres to 5 metres (By-law 2005- 109) and by increasing the maximum permitted total floor area from 90 square metres to 130 square metres (By-law 84-63 and By-law 2005-109). Staff recommended denial of the application, in part, to increase the maximum permitted height of the proposed detached garage from 4.5 metres to 5 metres in By- law 84-63 as it did not meet the intent of the Zoning By-law to eliminate opportunity for human habitation within an accessory building. Staff recommended approval of the application, in part, to permit the construction of a detached garage by increasing the maximum permitted height from 3.7 metres to 4.5 metres in By-law 2005-109; and by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 130 square metres in By-law 2005-109 and By-law 84-63, subject to a number of conditions. The Committee was hesitant to make a decision on the application without having the opportunity to review a set of detailed drawings for the proposed two-storey detached garage. The Committee tabled the application for up to 90 days to allow the applicant to prepare and submit drawings for Committee's consideration at a future meeting date. DECISION OF COMMITTEE OF ADJUSTMENT FOR February 18, 2010 REPORT NO.: PSD-035-10 PAGE 3 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that application A2010- 0001 is in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, is minor in nature and desirable. 2.2 Council's concurrence with the decisions of the Committee of Adjustment for applications A2010-0001 and A2010-0002 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. Staff Contact: Robin Heathcote Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment (February 18, 2010) Attachment 1 To Report PSD-035-10 Clarln~gton Leading the Way PERIODIC. REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VEENSTRA CONSTRUCTION LIMITED OWNER: GARTH CARLSON PROPERTY LOCATION: 4593 GILMORE ROAD, CLARKE PART LOT 2, CONCESSION 4 FORMER TOWNSHIP OF CLARKE FILE NO.: A2010-0001 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 99 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 4675 GILMORE ROAD. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300 METRES TO 99 METRES FROM THE NEAREST LIVESTOCK BUILDING AT 4675 GILMORE ROAD, 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: February 18, 2010 LAST DAY OF APPEAL: March 10, 2010 Clarington Leadirsg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DAVID OWENS DAVID OWENS PROPERTY LOCATION: 15 VIRTUE COURT, ENNISKILLEN PART LOT 19, CONCESSION 8 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0002 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5 METRES TO 5 METRES (BY-LAW 84-63), BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 3.7 METRES TO 5 METRES (BY-LAW 2005-109) AND BY INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FROM 90 SQUARE METRES TO 130 SQUARE METRES (BY-LAW 84-63 AND BY-LAW 2005-109). DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO 90 DAYS. DATE OF DECISION: February 18, 2010 LAST DAY OF APPEAL:. March 10, 2010