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Home My WebLink AboutPSD-069-10Clarin~ton REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 7, 2010 Resolution #: ~jo9-.335-/4gy_law #: NIA Report #: PSD-069-10 File #: A2009-0051 and A2010-0018 through A2010-0020 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 13, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-069-10 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on May 13, 2010 for applications A2009-0051 and A2010-00.18 through A2010-0020 inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: ~ ~.•- Reviewed by: ~ ~" -~~~~-l ye ang aid CSLA, MCIP Franklin Wu, ti g Director Planning Services Chief Administrative Officer RH/CP/df 14 May 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-069-10 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 May 13, 2010 1.2 Application A2009-0051 was filed to permit an existing accessory structure (floating deck) by increasing the maximum permitted total lot coverage of all accessory buildings and structures from 10% to 12%. 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 to provide proof that the deck complies with all applicable provisions of the Zohing 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, the application was heard at the April 22, 2010 Committee of Adjustment meeting where Staff recommended that the application be tabled again for up to two months. Prior to the May 13, 2010 Committee of Adjustment meeting, the applicant provided staff a copy of the lot grading certification and a site inspection was conducted to confirm that all other Zoning By-law provisions were met. The Committee concurred with Staffs recommendation and approved the application subject to a number of conditions. 1.3 Application A2010-0018 was filed to permit the reconfiguration of the Bowmanville Tim Norton's parking lot by reducing the minimum required length of 23 parking spaces along the Baseline Road frontage from 5.7 metres to 5.2 metres, and reducing the minimum required setback from the 23 parking spaces along the Baseline Road frontage to the street line from 1.5 metres to 1.46 metres. The Committee concurred with Staffs recommendation and approved the application, adding the recommendation that Staff review the possibility of locating a traffic control sign at the Baseline Road exit. 1:4 Application A2010-0019 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 3.66 metres. The Committee concurred with Staffs recommendation and approved the application. REPORT NO.: PSD-069-10 PAGE 3 1.5 Application A2010-0020 was filed to permit the construction of an addition to a single detached dwelling by reducing the minimum required exterior side yard setback from 15 metres to 6.5 metres and to permit the construction of an accessory building (detached garage and pool shed) by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 180 square metres. The applicant wishes to retain an existing 85 square metre shed that was once used by the McLaughlin Carriage Company due to its significant heritage merit. The applicant has agreed to place this shed on the Municipal Register of Properties of Cultural Heritage Value or Interest. The Committee concurred with Staffs recommendation and approved the application with the stipulation that the increase in maximum permitted floor area for accessory buildings includes the existing McLaughlin shed so as to prevent the construction of additional accessory buildings on the property should the shed be removed in the future. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions and are satisfied that applications A2009-0051 and A2010-0018 through A2010-0020 inclusive 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 and A2010-0018 through A2010-0020 inclusive 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 (May 13, 2090) ClaringtOn Leading the Way Attachment 1 To Report PSD-069-10 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 approve the application to permit the construction of an unenclosed accessory structure (floating deck) by increasing the maximum permitted total lot coverage of all accessory buildings and structures from 10% to 12°/a, subject to the following conditions: 1. That the floating deck remains unenclosed; 2. That the floating deck is no greater than 0.6 metres above grade; and 3. That a pool enclosure permit is issued within 30 days of the date of this decision, as it meets the intent of both Official Plans and the Zoning By-Law, is considered minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: May 13, 2010 LAST DAY OF APPEAL: June 2, 2010. C~arir~~to~ ceAa~~g me woy PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TDL GROUP CORPORATION OWNER: TIMWEN PARTNERSHIP PROPERTY LOCATION: 350 WAVERLEY ROAD, BOWMANVILLE PART LOT 14, CONCESSION BF FORMER TOWN OF BOWMANVILLE FILE NO.: A2010-0018 PURPOSE: To reduce the minimum required length of 23 parking spaces along the Baseline Road frontage, from 5.7 metres to 5.2 metres, and to reduce the minimum required setback from 23 parking spaces along the Baseline Road frontage to the street line from 1.5 metres to 1.46 metres. DECISION OF COMMITTEE: To approve the application to reduce the minimum required length of 23 parking spaces along the Baseline Road frontage from 5.7 metres to 5.2 metres, and to reduce the minimum required setback from 23 parking spaces along the Baseline Road frontage to the street line from 1.5 metres to 1.46 metres, as it meets the intent of both Official Plans and the Zoning By-Law, is considered minor in nature and is not detrimental to the neighbourhood and to make a recommendation that Staff review the signage on the Baseline Road exit. DATE OF DECISION: May 13, 2010 LAST DAY OF APPEAL: ,tune 2, 2010 Clar.~ngton Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ANDY BERGER OWNER: ANDY BERGER PROPERTY LOCATION: 27 KISSINGBRIDGE LANE, WILMOT CREEK PART LOT 4, CONCESSION BF FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0019 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 3.66 metres. 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 3.66 metres, 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: May 13, 2010 LAST DAY OF APPEAL: June 2, 2010 ~lar.~ngto~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KEITH MACKAY KEITH MACKAY PROPERTY LOCATION: 7755 OLD SCUGOG ROAD, ENNISKILLEN PART LOT 18, CONCESSION 7 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0020 PURPOSE: To permit the construction of an addition to a single detached dwelling by reducing the minimum required exterior side yard setback from 15 metres to 6.5 metres and to permit the construction of an accessory building (detached garage) by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 180 square metres. DECISION OF COMMITTEE: To approve the application to permit construction of an addition to a single detached dwelling by reducing the minimum required exterior side yard setback from 15 metres to 6.5 metres and to permit the construction of an accessory building (detached garage and pool shed) by increasing the maximum permitted total floor area for accessory buildings from 90 square metres to 180 square metres, which includes the current McLaughlin shed, as is meets the intent of both Official Plans and the Zoning By-Law, is considered minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: May 13, 2010 LAST DAY OF APPEAL: June 2, 2010