HomeMy WebLinkAboutPSD-050-11CIaC1~[OII
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REPORT
PLANNING SERVICES
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: May 30, 2011 Resolution #: ('~A:?9?~d By-law #: N/A
Report #: PSD-050-11 File #: A2011-0008 to A2011-0018 (not A2011-0016)
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF APRIL 28, 2011 AND MAY 12, 2011
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
THAT Report PSD-050-11 be received;
THAT Council concurs with the decisions of the Committee of Adjustment made on April
28, 2011 for applications A2011-0008 to A2011-0012 and on May 12, 2011 far
applications A2011-0011, A2011-0013 to A2011-0015, A2011-0017 and A2011-0018;
and
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
Submitted by: Reviewed by: ~ ( ""-" -' ~~' ~G,
D i Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
MM/CP/df
20 May 2011
CORPORATION OF THE 1
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6
OF CLARINGTON
REPORT NO.: PSD-050-11 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
APRIL 28, 2011
1.2 Application A2011-0008 was filed 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 for the
dwelling from 45% to 45.6%. The Committee concurred with Staffs
recommendation and approved the application.
1.3 Application A2011-0009 was filed to facilitate an application for lot boundary
realignment by increasing the maximum permitted total floor area for all
accessory buildings from 90 mz to 167 mZ; by reducing the minimum required
front yard setback to an accessory building from 6 metres to 4 metres; and by
increasing the maximum permitted height for an accessory building from 4.5
metres to 5 metres. The Committee concurred with Staff's recommendation and
approved the application subject to the condition that the variance apply only to
the existing accessory building and no new accessory, buildings will be permitted.
DECISION OF COMMITTEE OF ADJUSTMENT FOR
MAY 12, 2011
REPORT NO.: PSD-050-11
PAGE 3
1.4 Application A2011-0010 was filed to permit the construction of a horse barn by
reducing the minimum required agricultural setback required in the Zoning By-law
from 300 metres to 86 metres from the dwelling located at 3664 Concession
Road 4, Clarke. The Committee concurred with Staffs recommendation and
approved the application.
1.5 Application A2011-0011 was tiled to permit the construction of an accessory
building by increasing the maximum permitted total floor area for all accessory
buildings from 90 m z to 250 m~; and by increasing the maximum permitted height
of an accessory building from 4.5 metres to 6.6 metres. This application was first
heard at the April 28, 2011 Committee of Adjustment meeting and was tabled
since neither Staff nor the Committee felt that the application met the four tests
for approving a minor variance. The main concern was the size and use of the
proposed building. The property owner disclosed that they were a contractor and
planned to store business related items in the building. This is not a permitted
use of the subject property. Following the April 28~' meeting, the applicant spoke
with Staff and agreed to reduce the variances being sought to an increase in
maximum floor area to 160 mZ and an increase in maximum height to 5 metres.
They also confirmed, in writing, that the building would be used exclusively for
residential accessory purposes. This would provide enough space for the
storage of vehicles and personal belongings but no additional space for non-
residential use of the building. Staff recommended approval of the amended
application and the Committee concurred at the May 12, 2011 meeting.
1.6 Application A2011-0012 was filed to permit the construction of an attached deck
by increasing the maximum permitted projection into a required yard from 1.5
metres to 2.5 metres. Upon site inspection, Staff discovered two accessory
buildings on the property that did not comply with the Zoning By-law. The
Committee concurred with Staffs recrommendation and approved the application,
subject to the condition that the accessory buildings be brought into compliance
with the Zoning By-law within 30 days.
1.7 Application A2011-0013 was filed requesting an increase in the maximum
permitted floor area for accessory buildings from a'previousty approved 95 mz to
175 mZ and from a previously approved 12.3% lot coverage to 14.5% lot
coverage. After reviewing the application and conducting a survey of the
surcounding neighbourhood, Staff were not in a position to offer a favourable
recommendation. In an effort to provide the Applicant with the opportunity to
revise his application, Staff recommended that the Committee of Adjustment
table the application to allow for further discussions to take place. Staff have met
with the applicant and anticipate the application will be heard at the next meeting
of the Committee of Adjustment.
1.8 Application A2011-0014 was filed to permit the construction of an attached deck
by increasing the maximum permitted projection into a required yard from 1.5
metres to 2.3 metres and by increasing the maximum permitted lot coverage
REPORT NO.: PSD-050-11 PAGE 4
from 40% to 42%. The Committee concurred with Staffs recommendation and
approved the application.
1.9 Application A2011-0015 was filed to facilitate a land assembly of three properties
thereby creating a new lot totalling 22.44 hectares, which is less than the
minimum lot size of 40 hectares required in the Agricultural (A) Zone. The
Committee concurred with Staffs recommendation and approved the application.
1.10 Application A2011-0017 was filed to permit the construction of a single detached
dwelling by increasing the maximum permitted lot coverage from 40% to 45.7%
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. The
Committee concurred with Staffs recommendation and approved the application.
1.11 Application A2011-0018 was filed to permit the construction of an attached deck
by increasing the maximum permitted projection into a required yard from 1.5
metres to 3.5 metres. The Committee concurred with Staffs recommendation
and approved the application.
2.0 COMMENTS
2.1 Staff reviewed the Committee's decisions for applications A2011-0008 to A2011-
0015, A2011-0017 and A2011-0018 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 A2011-0008 to A2011-0015, A2011-0017 and A2011-0018 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:
Attachments:
Attachment 1 -
Mitch Morawetz
Periodic Report for the Committee of Adjustment (May 17, 2011)
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Attachment 1
to Report PSD-050-11
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: H & H BUILDING CORPORATION
OWNER: H & H BUILDING CORPORATION
PROPERTY LOCATION: 16 VIVIAN DRIVE, COURTICE
PART LOT 30, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0008
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 APPROVE THE APPLICATION 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% 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: April 28, 2011
LAST DAY OF APPEAL: May 18, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: BEAT & EDITH NIKLAUS
OWNER: BEAT i~ EDITH NIKLAUS
PROPERTY LOCATION: 55 METCALF STREET, CLARKS
PART LOT 26, CONCESSION BF
FORMER TOWNSHIP OF CLARKS
FILE NO.: A2011-0009
PURPOSE:
TO FACILITATE AN APPLICATION FOR LOT BOUNDARY REALIGNMENT BY
INCREASING THE MAXIMUM PERMITTED TOTAL FLOOR AREA FOR ALL
ACCESSORY BUILDINGS FROM 90 MZ TO 167 M2; BY REDUCING THE MINIMUM
REQUIRED FRONT YARD SETBACK TO AN ACCESSORY BUILDING FROM 6
METRES TO 4 METRES AND BY INCREASING THE MAXIMUM PERMITTED HEIGHT
FOR AN ACCESSORY BUILDING FROM 4.5 METRES TO 5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO INCREASE THE MAXIMUM PERMITTED TOTAL
FLOOR AREA FOR ALL ACCESSORY BUILDINGS FROM 90 M2 TO 167 M2' BY REDUCING
THE MINIMUM REQUIRED FRONT YARD SETBACK TO AN ACCESSORY BUILDING
FROM 6 METRES TO 4 METRES AND BY INCREASING THE MAXIMUM PERMITTED
HEIGHT FOR AN ACCESSORY BUILDING FROM 4.5 METRES TO 5 METRES
SUBJECT TO THE CONDITION THAT THE VARIANCE APPLY ONLY TO THE EXISTING
ACCESSORY BUILDING AND NO NEW ACCESSORY BUILDINGS WILL BE
PERMITTED, AS IT MEETS THE INTENT OF THE OFFICIAL PLANS AND THE ZONING
BY-LAW, IS MINOR IN NATURE AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION: April 28, 2011
LAST DAY OF APPEAL: May 18, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: KEVIN & DEBORAH NORTON
OWNER: JOHN & KATHY SHEWCHUCK
PROPERTY LOCATION: 3674 CONCESSION RD 4, CLARKE
PART LOT 25, CONCESSION 4
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2011-0010
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A HORSE BARN BY REDUCING THE MINIMUM
REQUIRED AGRICULTURAL SETBACK REQUIRED IN THE ZONING BY-LAW FROM
300 METRES TO 86 METRES FROM THE DWELLING LOCATED AT 3664
CONCESSION ROAD 4, CLARKE
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A HORSE
BARN BY REDUCING THE MINIMUM REQUIRED AGRICULTURAL SETBACK
REQUIRED IN THE ZONING BY-LAW FROM 300 METRES TO 86 METRES FROM THE
DWELLING LOCATED AT 3664 CONCESSION ROAD 4, CLARKE, AS IT MEETS THE
INTENT OF THE OFFICIAL PLANS AND THE ZONING BY-LAW, IS MINOR IN NATURE
AND NOT DETRIMENTAL TO THE NEIGHBOURHOOD.
DATE OF DECISION:
April 28, 2011
LAST DAY OF APPEAL: May 18, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MAURICE GAUTHIER
OWNER: MAURICE GAUTHIER
PROPERTY LOCATION: 2460 CONCESSION RD 8, DARLINGTON
PART LOT 14, CONCESSION 8
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2011-0011
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING
THE MAXIMUM PERMITTED TOTAL FLOOR AREA FOR ALL ACCESSORY BUILDINGS
FROM 90 SQUARE METRES TO 250 SQUARE METRES; AND BY INCREASING THE
MAXIMUM PERMITTED HEIGHT OF AN ACCESSORY BUILDING FROM 4.5 METRES
TO 6.6 METRES.
DECISION OF COMMITTEE:
TO TABLE THE APPLICATION TO A FUTURE MEETING TO ALLOW TIME FOR THE
APPLICANT TO DISCUSS THE APPLICATION WITH STAFF CONCERNING THE
PROPOSED USE, DESIGN, SIZE, CONSTRUCTION AND LOCATION OF THE
BUILDING.
DATE OF DECISION: April 28, 2011
LAST DAY OF APPEAL: May 18, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: GAETANO MAZZOTTA
OWNER: GAETANO MAZZOTTA
PROPERTY LOCATION: 62 HARRY GAY DRIVE, COURTICE
PART LOT 27, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0012
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ATTACHED DECK BY INCREASING THE
MAXIMUM PERMITTED PROJECTION INTO A REQUIRED YARD FROM 1.5 METRES
TO 2.5 METRES.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN
ATTACHED DECK BY INCREASING THE MAXIMUM PERMITTED PROJECTION INTO
A REQUIRED YARD FROM 1.5 METRES TO 2.5 METRES SUBJECT TO THE
CONDITION THAT THE EXISTING ACCESSORY BUILDINGS BE BROUGHT INTO
COMPLIANCE WITH THE ZONING BY-LAW WITHIN 30 DAYS, 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: April 28, 2011
LAST DAY OF APPEAL: May 18, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: MAURICE GAUTHIER
OWNER: MAURICE GAUTHIER
PROPERTY LOCATION: 2460 CONCESSION RD 8, DARLINGTON
PART LOT 14, CONCESSION 8
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0011
PURPOSE:
To permit the construction of an accessory building by increasing the maximum
permitted total floor area for all accessory buildings from 90 square metres to 250
square metres; and by increasing the maximum permitted height of an accessory
building from 4.5 metres to 6.6 metres.
DECISION OF COMMITTEE:
Approval of the amended application to permti the construction of an accessory
building by increasing the maximum permitted total floor area for all accessory
buildings from 90 square metres to 160 square metres; and by increasing the
maximum permitted height of an accessory building from 4.5 metres to 5 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: May 12, 2011
LAST DAY OF APPEAL: June 1, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: TENZIN GYALTSAN
OWNER: TENZIN GYALTSAN
PROPERTY LOCATION: 106 BEAVER STREET SOUTH, NEWCASTLE VILLAGE
PART LOT 28, CONCESSION 1
FORMER VILLAGE OF NEWCASTLE
FILE NO.: A2011-0013
PURPOSE:
To permit the relocation of a detached garage by increasing the maximum permitted
floor area from 95 square metres to 175 square metres and increasing the maximum
permitted lot coverage from 12.3% to 14.5%.
DECISION OF COMMITTEE:
To table to application to a future meeting (as soon as possible)
DATE OF DECISION: May 12, 2011
LAST DAY OF APPEAL: June 1, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
BRYAN WRAY
BRYAN WRAY
PROPERTY LOCATION: 126 HARRY GAY DRIVE, COURTICE
PART LOT 27, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0014
PURPOSE:
To permit the construction of an attached deck by increasing the maximum permitted
projection into a required yard from 1.5 metres to 2.3 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 attached deck by increasing
the maximum permitted projection into a required yard from 1.5 metres to 2.3 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 is not
detrimental to the neighbourhood.
DATE OF DECISION: May 12, 2011
LAST DAY OF APPEAL: June 1.2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: INNOVATIVE PLANNING SOLUTIONS
OWNER: SAMEEM MOHAMED, RAKESH, RAJNI AND MADHUL
GUPTA
PROPERTY LOCATION: 4435 HIGHWAY 2, NEWTONVILLE
PART LOT 9 & 10, CONCESSION 1
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2011-0015
PURPOSE:
To facilitate a land assembly of the 4435 Durham Highway 2 property and two severed
parcels thereby creating a new lot totalling 23.34 hectares, which is less than the
minimum lot size of 40 hectares required in the Agricultural (A) Zone.
DECISION OF COMMITTEE:
Approval of the reduction in minimum lot area from 40 hectares to 22.44 hectares 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: May 12, 2011
LAST DAY OF APPEAL: June 1, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: H & H BUILDING CORPORATION
OWNER: HALMINEN BUILDING CORP.
PROPERTY LOCATION: 48 JANE AVENUE, COURTICE
PART LOT 29, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0017
PURPOSE:
To permit the construction of a single detached dwelling by increasing the maximum
permitted lot coverage from 40°/a to 47.5% and by increasing the maximum permitted
projection of an unenclosed deck into a required rear yard setback from 1.5 metres to
3 metres.
DECISION OF COMMITTEE:
Approval of the application to permit the construction of a single detached dwelling by
increasing the maximum permitted lot coverage from 40% to 45.7% 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: May 12, 2011
LAST DAY OF APPEAL: June 1, 2011
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: BRAD PATTERSON
OWNER: BRAD PATTERSON
PROPERTY LOCATION: 70 HARRY GAY DRIVE, COURTICE
PART LOT 27, CONCESSION 3
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0018
PURPOSE:
To permit the construction of an attached deck by increasing the maximum permitted
projection into a required yard from 1.5 metres to 3.5 metres.
DECISION OF COMMITTEE:
Approval of the application to permit the construction of an attached deck by increasing
the maximum permitted projection into a required yard from 1.5 metres to 3.5 metres
as it meets the intent of the Official Plans and Zoning By-law, is minor in nature and is
not detrimental to the neighbourhood.
DATE OF DECISION: May 12, 2011
LAST DAY OF APPEAL: June 1, 2011