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HomeMy WebLinkAboutPSD-116-10~~ w~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: December 13, 2010 Resolution #: 6(~A-~5~/o By-law #: NIA Report #: PSD-116-10 File #: A2010-0035 through A2010-0041 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 7, OCTOBER 28, AND NOVEMBER 25, 2010 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-116-10 be received; and, THAT Council concurs with the decisions of the Committee of Adjustment made on October 7, October 28 and November 25, 2010 forapplications A2010-0035 through A2010-0041, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. 0 Submitted by: D i . Crome, MCIP, RPP Director of Planning Services MM/KK/CP/df November 29, 2010 Reviewed by: ~~~''-~% v"`L 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-116-10 e.~~ 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 OCTOBER 7. 2010 with Tabled ~ A2010-0037 ~ Approve Approved with condition DECISION OF COMMITTEE OF ADJUSTMENT FOR 1.2 To allow staff to have further dialogue with the applicant in respect to uses on the subject property and; To allow the Durham Regional Health Department additional time to determine the location of the septic and well on the subject property in relation to the proposed additions DECISION OF COMMITTEE OF ADJUSTMENT FOR Application A2010-0035 was filed to permit the construction of an addition to an accessory structure by increasing the maximum permitted total floor area from 90 square metres to 115 square metres. Staff recommended the application be tabled for the following reasons: REPORT NO.: PSD-116-10 PAGE 3 The Committee concurred with staffs recommendations and tabled the application. It was further determined that the floor area of the addition had been over calculated and that the proposed addition would be 105 square metres instead of 115 square metres. At the October 28, 2010 Committee of Adjustment meeting the Committee concurred with staff's recommendations and approved the application to permit the construction of an addition to an existing accessory structure by increasing the maximum permitted floor area from 90 square metres to 105 square metres subject to a number of conditions. 1.3 Application A2010-0036 was filed to permit the expansign of a legal non- conforming auto wrecker use in the Agricultural Exception (A-1) zone by changing the location of an addition to a structure for which a variance was granted in 2002 and by permitting a 79 square metre addition to an office building (existing). Neither the owner nor the applicant was present in support of the application. As a result, the Committee tabled the application to be heard at the next Committee of Adjustment meeting. At the October 28, 2010 meeting and with the applicant present, the Committee concurred with staffs recommendation and approved the application with a condition. 1.4 As a result of a complaint to By-law Enforcement, application A2010-0037 was filed to permit a trailer to be parked on a driveway in an urban residential zone, by increasing the maximum permitted length of the trailer from 5.5 metres to 6 metres. The driveway on the subject property is exactly 6 metres from the garage to the property line, and it was subsequently determined by staff that the trailer currently on the property was 6.2 metres in length and therefore projecting into the boulevard portion of the road allowance. The applicant was advised that staff could support a variance of 6 metres, in which case they would have the option of modifying the current trailer or purchasing a new trailer. In discussion with the Committee, the applicant advised that the trailer will be modified to 6 metres in length. By-law Enforcement would follow up with the applicant to ensure compliance with the 6 metre variance. The Committee concurred with staff's recommendations and approved the application with the addition of a condition that the applicant has 60 days to modify the trailer currently parked on the subject property. Since the meeting, By-law Enforcement has inspected the property and is satisfied the trailer complies with the Committee's decision and the Zoning By-law infraction file is now closed. 1.5 Application A2010-0038 was filed to permit a storage area for boats and trailers (storage business), exclusive of any buildings or structures, without the removal of the Holding Symbol in a "Holding -General Industrial (M2) Zone". The REPORT NO.: PSD-116-10 PO[:F d applicant did not appear at the meeting in support of the application. As a result, the Committee tabled the application to be heard at the next Committee of Adjustment meeting. At the November 25, 2010 meeting, and in the presence of the applicant, the Committee concurred with staff's recommendations and approved the application with a condition. 1.6 Application A2010-0039 was filed to expand the definition of a home occupation to include small engine repair and to permit the small engine repair home occupation to be conducted within the garage attached to the principal residence. The application was filed following a series of complaints regarding a prohibited use being conducted on the subject property. The prohibited use, being a small engine repair business, had been conducted on the subject property since 1979. Staff reviewed the application and could not support the proposal as it does not conform with the intent of the policies of the Clarington Official Plan. The Committee concurred with staff's recommendation and denied the application. 1.7 Application A2010-0040 was filed to permit the construction of a proposed single detached dwelling by reducing the minimum required rear yard setback from 10 metres to 2 metres and to permit the construction of a proposed detached garage by increasing the maximum permitted total floor area from 90 square metres to 112 square metres.. Due to an error in the circulation of notice to adjacent landowners, staff sent a memo to the Committee members recommending that the application be tabled until the December 16, 2010 Committee of Adjustment meeting to allow sufficient time for notice to be circulated to the adjacent landowners. The applicant will be unable to attend the December 16t" meeting .however the Committee has heard from the applicant since he was in attendance at the meeting on November 25th. The Committee tabled the application and it will now be heard at the December 16, 2010 meeting of the Committee of Adjustment. 1.8 Application A2010-041 was filed to permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from an existing livestock building on the east side of Morgans Road, from 300 metres tc 120 metres. Staffs recommendation was to approve the application as the proposed reduction in the agricultural setback meets OMAFRA's Minimum Distance Separation Formula (MDS) requirements. 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 A2010-0035 through A2010-0038 and A2010-0041 are in conformity with both Official Plan policies, consistent with the intent of the Zoning By-law, are minor in nature and desirable. Application A2010-0040 was tabled by the Committee at the recommendation of Staff due to a problem with the circulation of the notice of application to adjacent land owners. REPORT NO.: PSD-116-10 ewr~~ ~ 2.2 Staff concur with the Committee's decision for application A2010-0039 as the application does not conform with the policies of the Clarington Official Plan. Staff Contact: Mitch Morawetz Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (October 7, October 28 and November 25, 2010) ~~t".Lll~01I Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: BRIAN TOMS BRIAN TOMS PROPERTY LOCATION: 4548 HIGHWAY 2, NEWTONVILLE PART LOT 8, CONCESSION 2 FORMER TOWNSHIP OF CLARKE FILE NO.: A2010-0035 PURPOSE: To permit the construction of an addition to an existing accessory building by increasing the maximum permitted total floor area from 90 square metres to 115 square metres DECISION OF COMMITTEE: To table the application to allow staff to have further dialogue with the applicant in respect to uses on the subject property and to allow the Durham Regional Health Department additional time to determine the location of the septic and well on the subject property in relation to the proposed addition. DATE OF DECISION: October 07, 2010 LAST DAY OF APPEAL: October 27 , 2010 l1l~J^ /(I~11 Leadireg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRIAN TOMS OWNER: BRIAN TOMS PROPERTY LOCATION: 4548 HIGHWAY 2, NEWTONVILLE PART LOT 8, CONCESSION 2 FORMER TOWNSHIP OF CLARKE FILE NO.: A2010-0035 PURPOSE: To permit the construction of an addition to an existing accessory building by increasing the maximum permitted total floor area from 90 square metres to 115 square metres. DECISION OF COMMITTEE: To approve the application to permit the construction of an addition to an existing accessory structure by increasing the maximum permitted total floor area from 90 square metres to 105 square metres, subject to the following conditions to be satisfied by April 30, 2011: that the applicant obtain a sign permit for the sign currently on the property and remove the firewood advertisement from the sign; that the applicant obtain a building permit for the proposed additions; that the additional accessory structure be removed from the property; and, that the accessory structure and proposed additions are not permitted to be used for storage in relation to a home occupation on the subject property, 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: October 28, 2010 LAST DAY OF APPEAL: November 17, 2010 Clari~gt~-~ Geadutg the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ARMSTRONG HARRISON ASSOC OWNER: ABRAHAM AFANA PROPERTY LOCATION: 2532 CONCESSION RD 3, BOWMANVILLE PART LOT 13, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0036 PURPOSE: To permit the expansion of a legal non-conforming auto wreckers use in the Agricultural Exception (A-1) Zone by changing the location of an addition to a structure for which a variance was granted in 2001 and by permitting a 79 square metre addition to an office building (existing). DECISION OF COMMITTEE: To table the application until the October 28~" meeting. DATE OF DECISION: October 7, 2010 LAST DAY OF APPEAL: October 27, 2010 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ARMSTRONG HARRISON ASSOC OWNER: ABRAHAM AFANA PROPERTY LOCATION: 2532 CONCESSION RD 3, BOWMANVILLE PART LOT 13, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0036 PURPOSE: To permit the expansion of a legal non-conforming auto wreckers use in the Agricultural Exception (A-1) Zone by changing the location of an addition to a structure or which a variance was granted in 2001 and by permitting a 79 square metre addition to an office building (existing). DECISION OF COMMITTEE: To approve the application to permit the expansion of a legal non-conforming auto wreckers use in the Agricultural Exception (A-1) Zone by changing the location of an addition to a structure for which a variance was granted in 2002 and by permitting a 79 square metre addition to an office building (existing) with the condition that :the owner complete the site plan approval process and enters into a site plan agreement with the Municipality, 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: October 28, 2010 LAST DAY OF APPEAL: November 17, 2010 ~~Jfi~OIl Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: REUBEN DEJONG OWNER: REUBEN DEJONG PROPERTY LOCATION: 55 PROUT DRIVE, BOWMANVILLE PART LOT 11, CONCESSION FORMER TOWNSHIP OF BOWMANVILLE FILE NO.: A2010-0037 PURPOSE: To permit a trailer to be parked on a driveway in an Urban Residential Zone, by increasing the maximum permitted length of the trailer from 5.5 metres to 6 metres. DECISION OF COMMITTEE: To approve the application to permit a trailer to be parked on a driveway in an Urban Residential Zone, by increasing the maximum permitted length of the trailer from 5.5 metres to 6 metres on the condition the applicant has 60 days to modify the trailer, as meets the intent of the Official Plan and Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: October 7, 2010 LAST DAY OF APPEAL: October 27, 2010 Vt~~;l[l/_L~ll Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFF KELSO OWNER: JEFF KELSO PROPERTY LOCATION: PART LOT 7, CONCESSION BF FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0038 PURPOSE: To permit a storage area for boats and trailers (storage business), exclusive of any buildings or structures, without the removal of the holding symbol in a "Holding-General Industrial Zone (M2) Zone". DECISION OF COMMITTEE: To table the application to the next meeting of the Committee of Adjustment to permit the applicant to appear in support of the application. DATE OF DECISION: October 28, 2010 LAST DAY OF APPEAL: November 17, 2010 ~larlnngtor~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JEFF KELSO OWNER: JEFF KELSO PROPERTY LOCATION: PART LOT 7, CONCESSION BF FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0038 PURPOSE: To permit a storage area for boats and trailers (storage business), exclusive of any buildings or structures, without the removal of the holding symbol in a "Holding-General Industrial Zone (M2) Zone". DECISION OF COMMITTEE: To approve the application to permit a storage area for boats and trailers (a storage business), exclusive of any buildings, within a holding symbol, subject to the following condition: that a permit be obtained from the Central Lake Ontario Conservation Authority for all works proposed within the regulated area within 6 months of the date of this meeting, as it meets the intent of the Official Plan and Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: November 25, 2010 LAST DAY OF APPEAL: December 15, 2010 ~~1tt~0ll Leading theWay PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MARGARET &WES KNAPP OWNER: MARGARET &WES KNAPP PROPERTY LOCATION: 5105 MAIN STREET, ORONO PART LOT 28, CONCESSION 5 FORMER TOWNSHIP OF CLARKE FILE NO.: A2010-0039 PURPOSE: To expand the definition of a home occupation to include small engine repair and to permit the small engine repair home occupation to be conducted within the garage attached to the prinicipal residence. DECISION OF COMMITTEE: To deny the application to expand the definition of a home occupation to include small engine repair and to permit the small engine repair home occupation to be conducted within the garage attached to the principal residence. DATE OF DECISION: October 28, 2010 LAST DAY OF APPEAL: November 17, 2010 Clari~~to~ Leading me way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: LESLIE MACPHERSON OWNER: DAWNA DAVIS PROPERTY LOCATION: PART LOT 24, CONCESSION 4 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2010-0040 PURPOSE: To permit the construction of a proposed single detached dwelling by reducing the minimum required rear yard setback from 10 metres to 2 metres and to permit the construction of a proposed detached garage by increasing the maximum permitted total floor area from 90 square metres to 112 square metres. DECISION OF COMMITTEE: To table the application to the next Committee of Adjustment meeting December 16, 2010. DATE OF DECISION: November 25, 2010 LAST DAY OF APPEAL: December 15, 2010 Clari~~;tOn Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: AARON & VICTORIA KRENTZ OWNER: JOSEPH BEZUBIAK PROPERTY LOCATION: 1452 MORGANS ROAD, CLARKE PART LOT 17, CONCESSION 1 FORMER TOWNSHIP OF CLARKE FILE NO.: A2010-0041 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from an existing livestock building on the east side of Morgans Road, from 300 metres to 120 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required agricultural setback from and existing livestock building on the east side of Morgans Road, from 300 metres to 120 metres, as it meets the intent of the Official Plan and Zoning By-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: November 25, 2010 LAST DAY OF APPEAL: December 15, 2010