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Home My WebLink AboutPSD-045-11~ ~ ~ REPORT Leading the way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: May 9, 2011 Resolution #:(~QA~-353-1! By-law #: NIA Report #: PSD-045-11 File #: A2011-0003 to A2011-0008 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 14, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD-045-11 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on April 14, 2011 for applications A2011-0003 to A2011-0008 inclusive, and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: MH/CP/av April 28, 2011 J. Crome, MCIP, RPP Director of Planning Services Reviewed by~ ~~ Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-045-11 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. Staff recommendations and the decisions of the Committee are summarized below for each application. In addition a description of the noteworthy applications is provided below. DECISION OF COMMITTEE OF ADJUSTMENT FOR APRIL 14, 2011 Application Number Staff Recommendation Decision of Committee A2011-0003 Approve with Conditions Approved with Conditions A2011-0004 Approve Approved A2011-0005 Approve Approved A2011-0006 Approve Approved A2011-0007 Approve with Conditions Approved with Conditions A2011-0008 Table Tabled 1.2 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 for an additional accessory building on the property to store leisure vehicles and grounds keeping equipment. Currently there exists a two-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. Staff recommended that the application be tabled until further discussions were had with the applicant to discuss alternative options. Staff met with the applicant to discuss alternative building designs and locations to ensure that the structure would fit in with the heritage character of the property. As a result, the applicant submitted a revised application to build an addition to the existing garage, using similar building materials, colours and designs. By doing so, the application no longer had any detrimental impact on the surrounding neighbourhood, or to the heritage significance of the property. Committee concurred with staff's recommendation and approved the application subject to the condition that the building addition would match the materials of the existing building. REPORT NO.: PSD-045-11 PAGE 3 1.3 Application A2011-0004 was filed to expand the definition of a home occupation to include an esthetics business. Staff recommended approval of the application as the nature of an esthetics business is very similar to a hair dressing establishment. A hair dressing establishment is permitted as a home occupation use provided that the business is limited to those living in the dwelling only, and no additional staff are permitted. As a result, the number of client's the applicant will see at one time would be limited as well. Committee concurred with staff's recommendations and approved the application. 1.4 Application A2011-0007 was filed to expand the definition of a home occupation within an "R1" zone to include the repair and retail sale of antiques on the subject property. The subject property is located along King Avenue in downtown Newcastle, just south of the Newcastle Village Centre Secondary Plan, adjacent to commercial uses. The applicant proposes to use a small portion of their home for refinishing and repairing antiques and retail sale of antiques. Staff recommended that the application be approved provided that a number of conditions could be satisfied. These conditions included: provision of 2 parking spaces (1 more space than the By-law requires); all repairs must take place from within the dwelling - not outside or in a detached garage; and a fire inspection must be completed prior to the establishment of the business. The business employees will be limited to those living within the dwelling only. Committee concurred with staff's recommendation, and approved the application subject to the conditions outline above, in addition to the provision of an on-site hammerhead turnaround to allow safe access and egress from the property. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0003 and A2011-0007 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 A2011-0003 to A2011-0008 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: Meaghan Harrington Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment (April 14, 2011 ) (![pn Attachment 1 To Report PSD-045-11 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: GUY LANTEIGNE GUY LANTEIGNE PROPERTY LOCATION: 175 LIBERTY STREET NORTH, BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWNSHIP OF BOWMANVILLE A2011-0003 FILE NO.: PURPOSE: To permit the construction of an addition to an existing accessory building by increasing the maximum rermitted total floor area for all accessory buildings and structures from 90 m2 to 197.5 m . DECISION OF COMMITTEE: To approve the application to permit the construction of an addition to an existing accessory building by increasing the maximum permitted total floor area for all accessory buildings and structures from 90 m2 to 197.5 m2 subject to the following conditions: That the proposed addition be constructed using similar colours, building materials and design of the existing detached garage as it meets the intent of both Official Plans and Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 Cl~pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: QUIET MOODS ESTHETICS QUIET MOODS ESTHETICS PROPERTY LOCATION: 1510 NASH ROAD, COURTICE PART LOT 33, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON A2011-0004 FILE NO.: PURPOSE: To expand the definition of a home occupation to include esthetics DECISION OF COMMITTEE: To approve the application to expand the definition of a home occupation to include esthetics, 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: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 C[tJl:-!llgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: FRANK GIORDANO FRANK GIORDANO PROPERTY LOCATION: FILE NO.: 38 LAWSON ROAD, COURTICE PART LOT 35, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON A2011-0005 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required interior side yard setback from 2 metres to 1.25 metres; by reducing the minimum required rear yard setback from 10 metres to 9.75 metres; and by increasing the maximum total lot coverage from 30% to 37%. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by reducing the minimum required interior side yard setback from 2 metres to 1.25 metres; by reducing the minimum required rear yard setback from 10 metres .to 9.75 metres; and by increasing the maximum total lot coverage from 30% to 37%, 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: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 C[t}!illgtnn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DG BIDDLE & ASSOCIATES L TD RODNEY & JANET PAINTER PROPERTY LOCATION: 3698 TRULLS ROAD, COURTICE PART LOT 31, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON A2011-0006 FILE NO.: PURPOSE: To facilitate an application for lot boundary realignment by reducing the minimum r~quired lot frontage from 30 metres to 23.16 metres, by reducing the minimum required northerly interior side yard setback to an existing single detached dwelling from 2 metres to 1.86 metres; and by reducing the minimum required northerly interior side yard setback to an existing accessory building from 1.2 metres to 0.96 metres. DECISION OF COMMITTEE: To approve the application to facilitate an application for lot boundary realignment by reducing the minimum required lot frontage from 30 metres to 23.16 metres; by reducing the minimum required northerly interior side yard setback to an existing single detached dwelling from 2 metres to 1.86 metres; and by reducing the minimum required northerly interior side yard setback to an existing accessory building from 1.2 metres to 0.96 metres, as it is meets the intent of the Official Plan and the Zoning By-law, is minor in nature and is not detrimental to the neighbourhood. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4, 2011 Cl~pn . PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: MICHAEL & RACHEL PEEL MICHAEL & RACHEL PEEL PROPERTY LOCATION: 315 KING AVENUE EAST, NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER VILLAGE OF NEWCASTLE A2011-0007 FILE NO.: PURPOSE: To expand the definition of a home occupation use in an IR1" zone to include the repair and retail sale of antiques on the subject property. DECISION OF COMMITTEE: To approve the application to expand the definition of a home occupation use in an "R1" zone to include the repair and retail sale of antiques on the subject property subject to the following conditions: 1 ) That a total of 2 parking spaces are provided for the home occupation use; 2) That the involvement in the home occupation shall be limited to the members of the family residing in the dwelling only; 3) That all repairs take place within the dwelling unit; 4) That a hammerhead turnaround be provided to allow safe access and egress; and 5) That a fire inspection be completed to the satisfaction of the Fire & Emergency services department, as it 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: April 14, 2011 LAST DAY OF APPEAL: May 4,2011 Cl~pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: H & H BUILDING CORPORATION H & H BUILDING CORPORATION PROPERTY LOCATION: 16 VIVIAN DRIVE, COURTICE PART LOT 30, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON A2011-0008 FILE NO.: PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required rear yard setback from 7.5 metres to 6.3 metres and by increasing the maximum permitted total lot coverage from 45% to 45.6%. DECISION OF COMMITTEE: To table the application for up to 60 days maximum. DATE OF DECISION: April 14, 2011 LAST DAY OF APPEAL: May 4,2011