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Home My WebLink AboutPSD-026-11CIa>r1iCi~0ll Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: March 21, 2011 Resolution #: 6A~~~a-// BY-law #: N/A Report #: PSD-026-11 File #: A2011-0001 to A2011-0003 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 3, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-026-11 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on March 3, 2011 for applications A2011-0001 to A2011-0003, 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`~ ~"''-~-`-~ " - '"" David . Crome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/av March 11, 2011 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-026-11 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. DECISION OF COMMITTEE OF ADJUSTMENT FOR MARCH 3, 2011 A lication Number Staff Recommendation Decision of Committee A2011-0001 A royal A roved A2011-0002 A royal A roved A2011-0003 Table Tabled 1.2 Application A2011-0001 was filed to permit the construction of a single detached dwelling by increasing the maximum permitted lot coverage from 40% to 45%. The application was filed by the applicant following a request made by a potential purchaser to construct a single storey home on a lot which was designed to be slightly narrower than other lots, due to an adjacent protected feature (woodlotNalley), and therefore has less lot area to accommodate a larger dwelling footprint. The application was first heard on January 20, 2011, and was tabled by the Committee. Additional information which was brought forward by the applicant suggested that the 45% lot coverage as requested would not allow for the construction of an attached deck. The application was re-circulated to recognize the increase in lot coverage from 40% to 47.5% and an increase in projection of the attached deck into the required rear yard from 1.5 metres to 3 metres. The approval of the application will not result in a loss of privacy as the lot backs onto a wooded area and it will not affect the property drainage on the subject site or surrounding properties. Therefore Staffs recommendation was to approve the application. The Committee concurred with Staffs recommendation and approved the application. 1.3 Application A2011-0002 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 6 metres to 5.8 metres. The Committee concurred with Staffs recommendation and approved the application. 1.4 Application A2011-0003 was filed to permit the construction of an accessory building by increasing the maximum permitted floor area for accessory buildings from 90 square metres to 208.5 square metres. The applicant identified a need REPORT NO.: PSD-026-11 PAGE 3 for an additional accessory building on the property to store leisure vehicles and grounds keeping equipment. Currently there exists atwo-storey detached garage on the property which is currently being used for vehicle storage on the ground floor and personal storage on the second storey. A number of concerns were raised by Staff and by nearby residents with respect to the proposed location of the accessory building, and also the design of the building. The subject property, at 175 Liberty Street North, has been identified as a Primary Cultural Heritage Resource within the Municipality's Cultural Heritage Resource Inventory. The proposed structure did not appear to fit in with the existing heritage character of the property, and proposed a significant increase to the permitted accessory building floor area. Staff recommended that the application be tabled pending further discussions with the applicant to discuss alternative options. Committee concurred with Staff and tabled the application until the next scheduled Committee of Adjustment Hearing. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0001 and A2011-0002 and are satisfied that they 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 A2011-0001 to A2011-0003 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: Mitch Morawetz Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (March 3, 2011) Attachment1 to Report PSD-026-11 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: H & H BUILDING CORPORATION OWNER: HALMINEN BUILDING CORP. PROPERTY LOCATION: 44 JANE AVENUE, COURTICE PART LOT 29, CONCESSION 3 FORMER TOWN OF DARLINGTON FILE NO.: A2011-0001 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47.5% AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED ATTACHED DECK INTO A REQUIRED REAR YARD SETBACK FROM 1.5 METRES TO 3 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION FOR THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FROM 40% TO 47.5% AND BY INCREASING THE MAXIMUM PERMITTED PROJECTION OF AN UNENCLOSED ATTACHED DECK INTO A REQUIRED REAR YARD SETBACK FROM 1.5 METRES TO 3 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 3, 2011 LAST DAY OF APPEAL: March 23, 2011 ~~~~~~ Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 673666 ONTARIO LIMITED/CITY HOMES OWNER: HALLOWAY HOLDINGS LIMITED PROPERTY LOCATION: 70 HOCKLEY AVENUE, BOWMANVILLE PART LOT 13, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2011-0002 PURPOSE: TO PERMIT THE CONSTRUCTION SINGLE DETACHED DWELLING BY REDUCING THE MINIMUM REQUIRED EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 5.8 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 5.8 METRES, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND ZONING BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD. DATE OF DECISION: March 3, 2011 LAST DAY OF APPEAL: March 23, 2011 Clarington Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GUY LANTEIGNE OWNER: GUY LANTEIGNE PROPERTY LOCATION: 175 LIBERTY STREET NORTH, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN OF BOWMANVILLE FILE NO.: A2011-0003 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FOR ALL ACCESSORY BUILDINGS AND STRUCTURES FROM 90 SQUARE METRES TO 208.5 SQUARE METRES. DECISION OF COMMITTEE: TO TABLE THE APPLICATION UNTIL THE NEXT AVAILABLE MEETING OF THE COMMITTEE OF ADJUSTMENT DATE OF DECISION: March 3, 2011 LAST DAY OF APPEAL: March 23, 2011