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