HomeMy WebLinkAboutPSD-053-10CI rin n
Leading the Way R E P O RT
PLANNING SERVICES.
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: April 19, 2010 Resolution #: CaPR-a'~`~ /G By-law #: NIA
Report #: PSD=053-10
File #: A2010-0007 THROUGH A2010-0014
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 8, 2010
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-053-10 be received; and
2. THAT Council concurs with the decisions of the Committee of Adjustment made on April
8, 2010 for applications A2010-0007 through A2010-0014, and that Staff be authorized
to appear before the Ontario Municipal Board to defend the decisions of the Committee
of Adjustment.
Submitted by: `'~-~s~ Reviewed by:
y Langmai
it ctor of PI nning Services
RH/CP/df
9 April 2010
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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-053-10
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 A2010-0007 was filed to permit the construction of an unenclosed, attached
deck by increasing the maximum permitted projection into the rear yard from 1.5 metres
to 3.45 metres and by increasing the maximum permitted lot coverage from 40% to
47.5%. Staff recommended approval of the application subject to lot grading being
certified prior to the issuance of a building permit. The Committee concurred with Staffs
recommendation and approved the application with the condition.
1.3 Application A2010-0008 was filed to permit the construction of a single detached
dwelling by reducing the minimum required exterior side yard setback from 6 metres to
5.5 metres and by reducing the minimum required rear yard setback from 7.5 metres to
5.2 metres. Staff recommended approval of the application provided that a minimum
rear yard area of 100 square metres is maintained for amenity space. The Committee
concurred with Staffs recommendation and approved the application with the condition.
1.4 Application A2010-0009 was filed to permit the construction of a single detached
dwelling by reducing the minimum required exterior side yard setback from 4.5 metres
to 3.5 metres. Staff recommended approval of the application. The Committee
concurred with Staffs recommendation and approved the application.
1.5 Application A2010-0010 was filed to recognize a boundary realignment by reducing the
minimum required agricultural lot area from 40 hectares to 5.7 hectares for the
conveyed parcel, by reducing the minimum required agricultural setback from 300
metres to 130 metres from the existing livestock building on the conveyed parcel to the
existing house on the retained parcel and by reducing the minimum required setback to
the internal zone boundary from 15 metres to 5 metres from the existing agricultural
DECISION OF COMMITTEE OF ADJUSTMENT FOR
April 8, 2010
REPORT NO.: PSD-053-10 PAGE 3
shed on the conveyed parcel. Staff recommended approval of the application. The
Committee concurred with Staff's recommendation and approved the application.
1.6 Application A2010-0011 was filed to permit the construction of an unenclosed, attached
deck by increasing the maximum permitted lot coverage from 40% to 46%. During a site
visit, it was noted that the applicant has an outdoor play structure with a roof in the rear
yard, which increases the proposed lot coverage from the requested 46% to 46.6%.
Staff recommended approval of the application to increase the maximum permitted lot
coverage from 40% to 46.6%. The Committee concurred with Staff's recommendation
and approved the application.
1.7 Application A2010-0012 was filed to permit the construction of asemi-detached dwelling
by reducing the minimum required exterior side yard setback from 6 metres to 5.4
metres and by increasing the permitted range of horizontal distance between the interior
walls of the two (2) linked dwelling units above finished grade from between 1.2 metres
and 1.5 metres to between 1.2 metres and 2.5 metres. Staff recommended approval of
the application. The Committee concurred with Staffs recommendation and approved
the application.
1.8 Application A2010-0013 was filed to recognize a boundary realignment by reducing the
minimum required agricultural lot area from 40 hectares to 4.05 hectares for the
retained parcel. Staff recommended approval of the application. The Committee
concurred with Staff's recommendation and approved the application.
1.9 Application A2010-0014 was filed to permit the construction of a shed (existing) by
reducing the minimum required interior side yard setback from 0.6 metres to 0.58
metres, to permit the construction of an attached deck (existing) by increasing the
maximum permitted projection from 1.5 metres to 3.7 metres and to permit the
construction of a detached garage and extension of the attached deck (existing) by
increasing the maximum permitted total lot coverage from 40% to 48%. Staff
recommended approval of the application. The Committee concurred with Staff's
recommendation and approved the application.
2.0 COMMENTS
2.1 Staff reviewed the Committee's decisions and are satisfied that applications A2010-
0007 through A2010-0014 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 A2010-0007 through A2010-0014 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
Attachments:
Attachment 1 -Periodic Report for the Committee of Adjustment (April 8, 2010)
Attachment 1
To Report PSD-053-10
Glarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: SARAH CROSSMAN
OWNER: JAMES SHAY
PROPERTY LOCATION: 97 NELSON STREET, BOWMANVILLE
PART LOT 12, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2010-0007
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY
INCREASING THE MAXIMUM PERMITTED PROJECTION INTO THE REAR YARD
FROM 1.5 METRES TO 3.45 METRES AND BY INCREASING THE MAXIMUM
PERMITTED LOT COVERAGE FROM 40% TO 47.5%.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED
PROJECTION INTO THE REAR YARD FROM 1.5 METRES TO 3.45 METRES AND BY
INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47.5%
SUBJECT TO THE FOLLOWING CONDITION:
- THAT THE DEVELOPER'S ENGINEER PROVIDE CERTIFICATION OF THE .LOT
GRADING IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE
SUBDIVISION AGREEMENT PRIOR TO THE ISSUANCE OF A BUILDING
PERMIT,
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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: THE KAITLIN GROUP
OWNER: DARLINGTON SPRINGS LTD
PROPERTY LOCATION: 2 WOOLACOTT LANE, BOWMANVILLE
PART LOT 17, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2010-0008
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM I
METRES TO 5.5 METRES AND BY REDUCING THE MINIMUM REQUIRED REAR
YARD SETBACK FROM 7.5 METRES TO 5.2 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 METRES TO 5.5 METRES AND BY
REDUCING THE MINIMUM REQUIRED REAR YARD SET BACK FROM 7.5
METRES TO 5.2 METRES PROVIDED A MINIMUM REAR YARD AREA OF 100
SQUARE METRES IS MAINTAINED FOR AMENITY SPACE, AS IT MEETS THE
INTENT OF BOTH OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN
NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. THIS SHALL
NOT PRECLUDE THE CONSTRUCTION OF ACCESSORY BUILDINGS AND
STRUCTURES.
DATE OF DECISION: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Clar~~gton
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: THE KAITLIN GROUP
OWNER: DARLINGTON SPRINGS LTD
PROPERTY LOCATION: 2 BUXTON LANE, BOWMANVILLE
PART LOT 17, CONCESSION 1
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2010-0009
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY
REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM
4.5 METRES TO 3.5 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 4.5 METRES TO 3.5 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
t~~[l^ f/l~~
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: 464367 ONTARIO LIMITED/BOB CRAIG
OWNER: 464367 ONTARIO LIMITED/BOB CRAIG
PROPERTY LOCATION: 4100 LIBERTY STREET NORTH, DARLINGTON
PART LOT 11, CONCESSION 4
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2010-0010
PURPOSE:
TO RECOGNIZE A BOUNDARY REALIGNMENT BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 5.7 HECTARES
FOR THE CONVEYED PARCEL, BY REDUCING THE MINIMUM REQUIRED
AGRICULTURAL SETBACK FROM 300 METRES TO 130 METRES FROM THE
EXISTING LIVESTOCK BUILDING ON THE CONVEYED PARCEL TO THE EXISTING
HOUSE ON THE RETAINED PARCEL AND BY REDUCING THE MINIMUM
REQUIRED SETBACK TO THE INTERNAL ZONE BOUNDARY FROM 15 METRES TO
5 METRES FOR THE EXISTING AGRICULTURAL SHED ON THE CONVEYED
PARCEL.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO RECOGNIZE A BOUNDARY REALIGNMENT
BY: i) REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40
HECTARES TO 5.7 HECTARES FOR THE CONVEYED PARCEL;
ii) REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK FROM 300
METRES TO 130 METRES FROM THE EXISTING LIVESTOCK BUILDING ON THE
CONVEYED PARCEL TO THE EXISTING HOUSE ON THE RETAINED PARCEL;
AND
iii) REDUCING THE MINIMUM REQUIRED SETBACK TO THE INTERNAL ZONE
BOUNDARY FROM 15 METRES TO 5 METRES FOR THE EXISTING
AGRICULTURAL SHED ON THE CONVEYED PARCEL, 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Clarington
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MIKE REDLARSKI
OWNER: MIKE REDLARSKI
PROPERTY LOCATION: 122 COURVIER CRESCENT, BOWMANVILLE
PART LOT 10, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2010-0011
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN UNENCLOSED, ATTACHED DECK BY
INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40°/a TO 46%.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
UNENCLOSED, ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED
LOT COVERAGE FROM 40% TO 46.6%, 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Claringt~n
leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: DG BIDDLE & ASSOCIATES LTD
OWNER: HALMINEN BUILDING CORP.
PROPERTY LOCATION: 364 BONS AVENUE, BOWMANVILLE
FILE NO.:
PART LOT 13, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
A2010-0012
PURPOSE:
TO PERMIT THE CONSTRUCTION OF ASEMI-DETACHED DWELLING BY REDUCING
THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.4
METRES AND BY INCREASING THE PERMITTED RANGE OF HORIZONTAL
DISTANCE BETWEEN THE INTERIOR WALLS OF THE TWO (2) LINKED DWELLING
UNITS ABOVE FINISHED GRADE FROM BETWEEN 1.2 METRES AND 1.5 METRES
TO BETWEEN 1.2 METRES AND 2.5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A
SEMI-DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR
SIDE YARD SETBACK FROM 6 METRES TO 5.4 METRES AND BY INCREASING THE
PERMITTED RANGE OF HORIZONTAL DISTANCE BETWEEN DWELLINGS FROM
BETWEEN 1.2 METRES AND 1.5 METRES TO BETWEEN 1.2 METRES AND 2.5 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Claringto.~
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ANDERSON & HAMILTON PROFESSIONAL
OWNER: ELIZABETH JANSSENS
PROPERTY LOCATION: 6346 CLEMENS ROAD, DARLINGTON
PART LOT 9, CONCESSION 6
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2010-0013
PURPOSE:
TO RECOGNIZE A BOUNDARY REALIGNMENT BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL LOT AREA FROM 40 HECTARES TO 4.05 HECTARES
FOR THE RETAINED PARCEL AT 6346 CLEMENS ROAD.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO RECOGNIZE A BOUNDARY REALIGNMENT BY
REDUCING THE MINIMUM REQUIRED AGRICULTURAL LOT AREA FROM 40
HECTARES TO 4.05 HECTARES FOR THE RETAINED PARCEL AT 6346 CLEMENS
ROAD, 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010
Clariugton
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: SHARRON CZIRAKY
OWNER: SHARRON CZIRAKY
PROPERTY LOCATION: 55 PROSPECT STREET, BOWMANVILLE
PART LOT 12, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2010-0014
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A SHED (EXISTING) BY REDUCING THE
MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK FROM 0.6 METRES TO 0.58
METRES, TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK (EXISTING) BY
INCREASING THE MAXIMUM PERMITTED PROJECTION FROM 1.5 METRES TO 3.7
METRES AND TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE AND
EXTENSION OF THE ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM
PERMITTED TOTAL LOT COVERAGE FROM 40% TO 48%
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A SHED
(EXISTING) BY REDUCING THE MINIMUM REQUIRED INTERIOR SIDE YARD SETBACK
FROM 0.6 METRES TO 0.58 METRES, TO PERMIT THE CONSTRUCTION OF AN
ATTACHED DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED
PROJECTION FROM 1.5 METRES TO 3.7 METRES AND TO PERMIT THE
CONSTRUCTION OF A DETACHED GARAGE AND EXTENSION OF THE ATTACHED
DECK (EXISTING) BY INCREASING THE MAXIMUM PERMITTED TOTAL LOT
COVERAGE FROM 40% TO 48%, 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: April 8, 2010
LAST DAY OF APPEAL: April 28, 2010