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HomeMy WebLinkAboutPSD-058-10C~aI"1iC1~011 Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE v1 ' Date: May 3, 2010 Resolution #: (,PPr•a7a•/uBy-law #: / v/ /~ Report #: PSD-058-10 File #: A2009-0051, A2010-0005 and A2010-0015 through A2010-0017 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 22, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-058-10 be received; and THAT Council concurs with the decisions of the Committee of Adjustment made on April 22, 2010 for applications A2009-0051, A2010-0005 and A2010-0015 through A2010- 0017, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: ~ /rya-,..~ Reviewed by:~ ~= w `'`'' ~{ Langmai FCSLA, MCIP Franklin Wu, cting Directo of Planning Services Chief Administrative Officer MM/CP/df/av April 26, 2010 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-058-10 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 April 22, 2010 1.2 Application A2009-0051 was filed to permit the construction of an accessory structure (floating deck). The application was first heard at the January 21, 2010 Committee of Adjustment meeting. Staff recommended tabling the application for up to three months to allow the applicant time to have the lot grading certified and for the applicant to provide proof that the deck complies with all applicable provisions of the Zoning By-law other than the one being the subject of the application. Within the three month tabling period, the applicant was unable to provide Staff with the required documentation and proof. As a result, Staff recommended that the application be tabled for up to an additional two months. The Committee concurred with Staffs recommendation and tabled the application. 1.3 Application A2010-0005 was filed regarding the Howard Johnson site in Bowmanville to meet a condition of severance. The severance of the motel from the hotel creates many minor deficiencies relative to the zoning requirements of the site. The application was first heard at the March 18, 2010 Committee of Adjustment meeting but was tabled due to ongoing discussions with the Ministry of Transportation in relation to the site plan and required parking area. Following the meeting of March 18, the Ministry of Transportation advised that they had no objection to the approval of the minor variance application. The Committee concurred with Staffs recommendation and approved the application. 1.4 Applications A2010-0015 and A2010-0016 were filed to permit the relocation of two existing single detached dwellings from 49 & 63 Beaver Street South and an existing detached garage from 63 Beaver Street South to a proposed new lot at 106 Beaver Street South. The properties known as 49 and 63 Beaver Street South are subject to a rezoning application to permit an expansion to the Newcastle IGA store. The subject dwellings have significant heritage merit and are on the Municipal Register. The Committee concurred with Staffs recommendations and approved the applications. REPORT NO.: PSD-058-10 PAGE 3 1.5 Application A2010-0017 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 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42%. The Committee concurred with Staffs recommendation and approved the application. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions and are satisfied that applications A2010- 0005 and A2010-0015 through A2010-0017 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 A2009-0051, A2010-0005 and A2010-0015 through A2010-0017 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: Mitch Morawetz Attachments: Attachment 1 -Periodic Report for the Committee of Adjustment (April 22, 2010) Attachment 1 To Report PSD-058-10 Clarln~ton Le°arng me woy PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: FRANK PORCO OWNER: FRANK PORCO PROPERTY LOCATION: 155 ARGENT STREET, BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2009-0051 PURPOSE: To permit the construction of an existing accessory structure (floating deck) by increasing the maximum permitted total lot coverage of all accessory buildings and structures from 10% to 12%. DECISION OF COMMITTEE: To table the application for up to two months, to allow for the certification of the lot grading and for verification that the existing floating deck meets the minimum required rear yard setback of 0.6 metres. DATE OF DECISION: April 22, 2010 LAST DAY OF APPEAL: May 12, 2010 CIc~1~~0I1 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: On June 8, 2009 the Durham Land Division Committee conditionally approved an application submitted by DG Biddle & Associates Ltd. on behalf of the owner of the Howard Johnston hotel & motel site to sever off one (1) parcel of 0.46 hectares to create a separate site for the existing motel use on the site, and to retain the remainder of the site measuring 0.76 hectares for the existing hotel and a proposed new restaurant. One of the conditions of severance is that the proponent must obtain variances for various components of the existing development that are non-conforming. or non-complying with the Zoning By-law, prior to the clearance of the severance. The owner also intends on doing certain structural changes and expansions to the hotel Subsequently, the applicant is seeking the following variances: 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 space; • To reduce the required parking spaces on site from 126 to 121 spaces. 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 S.Om to 1.Om; • To reduce the required exterior side yard setback (Baseline Road side) from 10m to 9.9m; • To reduce the required Landscape Area on site from 10% to 4%. DECISION OF COMMITTEE: Approval of the application to permit an existing hotel and motel on newly created lots by a reduction of the required rear yard setback (Duke Street side) from 15 m to 7.3 m and 14.6m respectively for the retained parcel (hotel) and severed parcel (motel); a reduction of the required interior side yard setback from 5.0 m to 0.2 m and 1.0 m respectively for the retained parcel (hotel) and severed parcel (motel); a reduction of the loading space requirements on the retained parcel (hotel) from 2 to 1space; a reduction of the required parking spaces on the retained parcel (hotel) from 126 to 121 spaces; a reduction of the required exterior side yard setback (Baseline Road side) on the severed parcel (motel) from 10 m to 9.9 m; a reduction of the required Landscape Area on the severed parcel (motel) from 10% to 4%, and; the existing motel use on the severed 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. That the approval of this minor variance does not constitute approval of the site plan applications for the retained and severed parcels. DATE OF DECISION: March 18, 2010 LAST DAY OF APPEAL: April 7, 2010 C~arington leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 564069 ONTARIO INC OWNER: BEVERLY JAGODA PROPERTY LOCATION: 49 BEAVER STREET. SOUTH, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 1 FORMER VILLAGE OF NEWCASTLE FILE NO.: A2010-0015 PURPOSE: To permit the relocation of an existing single detached dwelling from 49 Beaver Street South and an existing accessory building (detached garage) from 63 Beaver Street South to a proposed new lot at 106 Beaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum required lot area from 650 square metres to 472 square metres; by reducing the minimum required northerly interior side yard setback from 4.5 metres to 4.0 metres; by reducing the minimum required northerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10°/o to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres; and by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square metres. DECISION OF COMMITTEE: Approval of the application to relocate an existing single detached dwelling from 49 Beaver Street South and an existing accessory building (detached garage) from 63 Beaver Street South to a proposed new lot at 106 Beaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum lot area from 650 square metres to 472 square metres; by reducing the minimum required northerly interior side yard setback from 4.5 metres to 4.0 metres; by reducing the minimum required northerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres, and; by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square 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 22, 2010 LAST DAY OF APPEAL: May 12, 2010 Clari~gt~n Leadang the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 564069 ONTARIO INC OWNER: BEVERLY JAGODA PROPERTY LOCATION: 63 BEAVER STREET SOUTH, NEWCASTLE VILLAGE PART LOT 28, CONCESSION 2 FORMER VILLAGE OF NEWCASTLE FILE NO.: A2010-0016 PURPOSE: To permit the relocation of an existing single detached dwelling and an existing accessory building (detached garage) from 63 beaver street south to a proposed new lot at 106 beaver street south by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum required lot area from 650 square metres to 472 square metres; by reducing the minimum required southerly interior side yard setback from 4.5 metres to 3.9 metres; by reducing the minimum required southerly interior side yard setback from an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres and by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square metres. DECISION OF COMMITTEE: Approval of the application to relocate an existing single detached dwelling and an existing accessory building (detached garage) from 63 Beaver Street South to a proposed new lot at 106 Beaver Street South by reducing the minimum required lot frontage from 18 metres to 13.3 metres; by reducing the minimum lot area from 650 square metres to 472 square metres; by reducing the minimum required southerly interior side yard setback from 4.5 metres to 3.9 metres; by reducing the minimum required southerly interior side yard setback for an accessory building (detached garage) from 0.6 metres to 0 metres; by increasing the maximum permitted lot coverage for all accessory buildings from 10% to 12.3%; by increasing the maximum permitted height of an accessory building from 4.0 metres to 5.0 metres, and; by increasing the maximum permitted floor area for all accessory structures from 60 square metres to 95 square 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 22, 2010 LAST DAY OF APPEAL: May 12, 2010 Clarington ceaarng me w°y PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRAD & CATHY CHAPMAN OWNER: BRAD & CATHY CHAPMAN PROPERTY LOCATION: 31 BAXTER STREET, BOWMANVILLE PART LOT 16, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0017 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 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42%. DECISION OF COMMITTEE: Approval of 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 1.78 metres and by increasing the maximum permitted lot coverage from 40% to 42% 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 22, 2010 LAST DAY OF APPEAL: May 12, 2010