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Home My WebLink AboutPSD-045-10Claris~~W~ /n Leading the Way ~/ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 29, 2010 Resolution #: ~ P~ai~/OBy-law #: /`!} Report #: PSD-045-10 File #: A2010-0002 to A2010-0006 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 18, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-045-10 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on March 18, 2010 for applications A2010-0003 to A2010-0006 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 3. THAT Council concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 15, 2010, for application in A2008- 0002 is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original position. Submitted by: ye ang aid 'CSLA, MCIP ti g Director, tanning Services MM/CP/df/ah 23 March 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-045-10 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. DECISION OF COMMITTEE OF ADJUSTMENT FOR March 18, 2010 1.2 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). These increases were being sought to allow the applicant to have a hoist for personal use within the proposed garage as well as storage space above a portion of the garage. This application was tabled at the February 18, 2010 Committee of Adjustment meeting. The Committee was hesitant to make a decision at that meeting 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. Following the meeting, the applicant did prepare drawings that were submitted to Staff and forwarded to the Committee members in advance of the March 18, 2010 meeting. Planning Services Staff recommended approval of the increase in maximum permitted total floor area and denial of the increase in maximum permitted height beyond 4.5 metres. One condition that Staff recommended was that the ceiling height of the second storey storage space within the proposed garage be limited to 1.8 metres. It is the opinion of Staff that the increase in maximum permitted height is not necessary for the hoist and that the intent of the Zoning By-law is to limit the height of accessory buildings. Staffs recommended condition to limit ceiling height on the floor above the garage to 1.8 metres would provide the applicant with space that was suitable for storage however would be too confined to be easily converted into usable space. REPORT NO.: PSD-045-10 PAGE 3 Committee members held varying opinions regarding the consistency of this application with the general intent of the Zoning By-law. After a lengthy debate, the Committee approved a height increase to 4.75 metres with a maximum ceiling height of 2 metres. The decision of the Committee can be found in attachment 1. Staff are of the opinion that the decision by the Committee to increase the maximum permitted height of the proposed garage to 4.75 metres with the condition that the maximum ceiling height of the floor space above the garage be limited to 2 metres is not consistent with the intent of the Zoning By-law. The Oak Ridges Moraine By-law would limit the height to 3.7 metres while Zoning By-law 84-63 was amended recently to reduce the maximum height of accessory buildings. 1.3 Application A2010-0003 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6.0 metres to 5.75 metres. The Committee concurred with Staffs recommendation and approved the application. 1.4 Application A2010-0004 was filed to permit the construction of an (existing) attached deck by increasing the maximum permitted total lot coverage from 45% to 46.5%. The Committee concurred with Staffs recommendation and approved the application. 1.5 Application A2010-0005 was filed following the approval of a severance application to create a separate site for the hotel and for the motel located at 160 Liberty Street South in Bowmanville. On the hotel lands, variances were sought to reduce: loading spaces, parking spaces and required setbacks. On the motel lands, variances were sought to permit the existing motel use, reduced setbacks and landscape area. Comments were received from the Ministry of Transportation indicating that Liberty Street and Duke Street are both designated as Controlled Access Highways. The Ministry's minimum setback from those streets is 14 metres from the property line to any structure, drive aisle or required parking surface. Any parking located within this setback must be surplus. As a result of the Ministry's comments, the Committee concurred with Staffs recommendation and tabled the application for up to 90 days pending further discussions with the Ministry of Transportation. 1.6 Application A2010-0006 was filed to permit the construction of a single detached dwelling (existing) by reducing the required interior side yard setback from 1.2 metres to 1.12 metres. The Committee concurred with Staffs recommendation and approved the application. 2.0 COMMENTS 2.1 Staff have reviewed the Committee's decisions and are satisfied that applications A2010-0003 to A2010-0006 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. REPORT NO.: PSD-045-10 PAGE 4 2.2 Council's concurrence is required with staffs opinion that an appeal by the Municipality on the decision made by the Committee of Adjustment on March 18, 2010 for application A2010-0002 is warranted; and Council's authorization is required in order to afford staff official status before the Ontario Municipal Board to defend its original recommendation. 2.3 Staff do not consider the variance to increase the height and floor area in keeping with the intent of the By-law. However, as none of the neighbours raised any concerns with the application and the house is a full two-storeys it is anticipated the garage will fit on the lot. Given the limited staff resources relative to the issue at dispute, an appeal by the Municipality of the Committee's decision is not warranted. Staff Contact: Mitch Morawetz Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment (March 18, 2010) Attachment 1 To Report PSD-045-10 Clari~gt~n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DAVID OWENS OWNER: 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 84-83 AND BY-LAW 2005-109) DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 4.5M TO 4.75M (BY-LAW 84-63) AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT FROM 3.7M TO 4.75M (BY-LAW 2005-109) AND; INCREASE THE MAXIMUM PERMITTED FLOOR AREA FROM 90Mz TO 130MZ (BY-LAW 84-63 AND 2005-109) SUBJECT TO THE FOLLOWING CONDITIONS: 1) THAT THE CEILING HEIGHT OF THE SECOND STORY STORAGE SPACE WITHIN THE PROPOSED DETACHED GARAGE BE LIMITED TO 2M; 2) THAT THE TOTAL GROUND FLOOR AREA OF THE PROPOSED GARAGE DOES NOT EXCEED 95 Mz~AND 3) THAT THE PROPOSED DETACHED GARAGE IS LOCATED A MINIMUM 4.9M AWAY FROM THE DISTRIBUTION PIPE IN THE SEWAGE SYSTEM, AS REQUIRED BY THE DURHAM REGION HEALTH SERVICES DEPARTMENT, AS IT MEETS INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010 Clarington Leading the way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 673666 ONTARIO LIMITED/CITY HOMES OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 94 GOODALL CRESCENT. BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0003 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5,75 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 FROM 6.0 METRES TO 5.75 METRES AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: JOHN TAYLOR JOHN TAYLOR PROPERTY LOCATION: 23 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0004 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 45% TO 46.5%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT COVERAGE FROM 45% TO 46.5% AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010 Clari~gton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DG BIDDLE & ASSOCIATES LTD OWNER: 1414012 ONTARIO INC. PROPERTY LOCATION: 160 LIBERTY STREET SOUTH, BOWMANVILLE PART LOT 11, CONCESSION BF FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0005 PURPOSE: FOLLOWING THE APPROVAL OF A SEVERANCE APPLICATION TO CREATE A SEPARATE SITE FOR THE HOTEL AND FOR THE MOTEL, THE FOLLOWING VARIANCES ARE SOUGHT FOR CLEARANCE OF THE SEVERANCE AND TO REDEVELOP THE HOTEL SITE: RETAINED LANDS (HOTEL): TO REDUCE THE REQUIRED REAR YARD SETBACK (DUKE STREET SIDE) FROM 15M TO 7.3M, TO REDUCE THE REQUIRED INTERIOR SIDE YARD SETBACK FROM S.OM TO 0.2M, TO REDUCE THE LOADING SPACE REQUIREMENTS FROM 2 TO 1 AND TO REDUCE THE REQUIRED PARKING SPACES ON SITE FROM 126 TO 121. SEVERED LANDS (MOTEL): TO PERMIT THE EXISTING MOTEL USE, TO REDUCE THE REQUIRED REAR YARD SETBACK (DUKE STREET SIDE) FROM 15M TO 14.6M, TO REDUCE THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 5.OM TO 1.OM, TO REDUCE THE REQUIRED EXTERIOR SIDE YARD SETBACK (BASELINE ROAD SIDE) FROM 10M TO 9.9M AND TO REDUCE THE REQUIRED LANDSCAPE AREA ON SITE FROM 10% TO 4%. DECISION OF COMMITTEE: TO TABLE THE APPLICATION PENDING FURTHER DISCUSSIONS WITH THE MINISTRY OF TRANSPORTATION (MTO) FOR A PERIOD OF UP TO 90 DAYS. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010 Claringto.~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: INTRACORP PROJECTS LTD. OWNER: INTRACORP PROJECTS LTD. PROPERTY LOCATION: 7 BONS AVENUE, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0006 PURPOSE: TO PERMIT THE CONSTRUCTION SINGLE DETACHED DWELLING (EXISTING) BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1.12 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING (EXISTING) BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1.12 METRES AS IT MEETS THE INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010