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