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HomeMy WebLinkAboutPSD-065-11 Leading the•Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: July 11, 2011 Resolution #:694-Soo-41 By4aw#: N/A Report#: PSD-065-11 File #: A2011-0013 and A2011-0023 to A2011-0025 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JUNE 30, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-065-11 be received; and, 2. THAT Council concurs with the decisions of the Committee of Adjustment made on June 30, 2011 for applications A2011-0013 and A2011-0023 to A2011-0025; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: a ` ' Y v Reviewed by: David f rome, MCIP, RPP Franklin Wu, Director of Planning Services Chief Administrative Officer MM/CP/df 5 July 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-065-11 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 JUNE 30, 2011 Application` Number Staff Recommendation Decision of Committee A2011-0013 Approve with conditions Approved with conditions A2011-0023 Table Tabled A2011-0024 Table Approved with conditions A2011-0025 Approve Approved 1.2 Application A2011-0013 was originally heard by the Committee of Adjustment on May 12, 2011 at which time it was tabled to allow the Applicant time to continue discussions with Staff regarding certain elements of the application. The Staff comments provided to the Committee of Adjustment on June 30, 2011 recommended approval of the application subject to a number of conditions intended to constrain the location and function of the proposed garage. The Committee concurred with Staff's recommendation and approved the application with conditions. 1.3 Application A2011-0023 was filed to permit the construction of a detached garage (existing) by increasing the maximum permitted height from 4.5 metres to 6 metres and by increasing the maximum permitted total floor area from 120 square metres to 155 square metres. Following the distribution of the public notice, staff became aware of a second accessory building located on the property. This building was not accounted for in the application, nor the circulation or public notice. The application had to be tabled to allow for circulation of the correct information to commenting agencies and the public. In addition, staff continue to have concerns with the proposed variances. The application, as submitted, does not meet the intent of the Zoning By-law and is not considered to be minor. The proposed increase in height and floor area is larger than what staff can support. The Committee concurred with Staff's recommendation and tabled the application to allow time to recirculate the public notice and time for staff to discuss outstanding issues with the applicant. 1.4 Application A2011-0024 was filed to permit the addition of a licensed patio area by reducing the number of required parking spaces from 127 spaces to 78 REPORT NO.: PSD-065-11 PAGE 3 spaces (existing). In advance of the Committee of Adjustment meeting, staff received letters from two nearby residents expressing concerns with the addition of a patio area to the Legion property. A petition against the application was also submitted from residents on Queen Street, King Street and Ontario Street. While staff did not have any concerns with the parking situation at the Legion, tabling was recommended to allow time for consultation with the public regarding concerns related to the addition of a patio area. A few members of the public attended the Committee of Adjustment meeting, allowing for a productive discussion to take place. Since none of the concerns of nearby residents related specifically to parking (being the subject of the application), the Committee approved the application with the condition that Site Plan Approval be obtained by the Legion from the Municipality for the patio and that a public meeting be held, hosted by the Legion, to discuss issues related to the patio and the Site Plan Application. 1.5 Application A2011-0025 was filed to permit the construction of an attached deck (existing) by increasing the maximum permitted lot coverage from 40% to 43% and by increasing the maximum permitted projection of an unenclosed attached deck into a required rear yard setback from 1.5 metres to 3.5 metres. The Committee concurred with Staff's recommendation and approved the application. 2.0 COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0013 and A2011-0023 to A2011-0025 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 A2011-0013 and A2011-0023 to A2011-0025 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 (July 5, 2011) Attachment 1 To Report PSD-065-11 1 � n Leading the Way 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 approve the application to permit the relocation of an existing accessory building (detached garage) by increasing the maximum permitted floor area for all accessory structures from 95 square metres to 166.1 square metres and by increasing the maximum permitted lot coverage for all accessory buildings from 12.3% to 14.5% subject to the following conditions: That no external access to the second floor of the detached garage be provided; That the minimum front yard setback for the detached garage be 17.0 metres; That the existing curb cut be restored to full curb and that the new curb cut not exceed 6.0 metres in width and be centered on the closest two bays of the detached garage; and, That no washroom be provided in either storey of the garage, as it conforms to the intent of the Official Plans and Zoning by-law, is minor in nature and not detrimental to the neighbourhood. DATE OF DECISION: June 30, 2011 LAST DAY OF APPEAL: July 20, 2011 ClarjRVOR Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BORDEN LADNER GERVAIS OWNER: BRUCE AND KAREN ELLIS PROPERTY LOCATION: 7486 THOMPSON ROAD, CLARKE PART LOT 9 & 10, CONCESSION 7 FORMER TOWNSHIP OF CLARKE FILE NO.: A2011-0023 PURPOSE: To permit the construction of a detached garage (existing) by increasing the maximum permitted height from 4.5 metres to 6 metres and by increasing the maximum permitted total floor area from 120 square metres to 155 square metres. DECISION OF COMMITTEE: To table the application to a future meeting of the Committee of Adjustment to allow the application and Public Notice to be recirculated with the correct information and to allow time for staff to discuss the application with the applicant. DATE OF DECISION: June 30, 2011 LAST DAY OF APPEAL: July 20, 2011 • airy n Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: RICK SAUNDERS OWNER: ROYAL CANADIAN LEGION BRANCH 178 PROPERTY LOCATION: 109 KING STREET EAST, BOWMANVILLE PART LOT 11 & 12, CONCESSION 1 FORMER TOWN OF BOWMANVILLE FILE NO.: A2011-0024 PURPOSE: To permit the addition of a licensed patio area by reducing the number of required parking spaces from 127 spaces to 78 spaces (existing). DECISION OF COMMITTEE: To approve the application to reduce the required number of parking spaces from 127 spaces to 78 spaces (existing), subject to the condition that Site Plan Approval be obtained by the Legion from the Municipality for the patio and that a Public Meeting be held, hosted by the Legion, to discuss issues related to the patio and the Site Plan Application, 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: June 30, 2011 LAST DAY OF APPEAL: July 20, 2011 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: DAVID MCFARLANE OWNER: DAVID MCFARLANE PROPERTY LOCATION: 64 JANE AVENUE, COURTICE PART LOT 29, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0025 PURPOSE: To permit the construction of an attached deck (existing) by increasing the maximum permitted lot coverage from 40% to 43% and by increasing the maximum permitted projection of an unenclosed attached deck into a required rear yard setback from 1.5 metres to 3.5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of an attached deck (existing) by increasing the maximum permitted lot coverage from 40% to 43% and by increasing the maximum permitted projection of an unenclosed attached deck into a required rear yard setback 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 not detrimental to the neighbourhood. DATE OF DECISION: June 30, 2011 LAST DAY OF APPEAL: July 20, 2011