Loading...
HomeMy WebLinkAboutPSD-076-11 ar • lLC- Way REPORT SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: September 12, 2011 Resolution #: By-law #: N/A Report #: PSD-076-11 File #: A2011-0013, A2011-0016 and A2011-0019 to A2011-0028 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JULY 14 AND AUGUST 11, 2011 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-076-11 be received; 2. THAT Council concurs with the decisions of the Committee of Adjustment made on July 14 for applications A2011-0026 and A2011-0027; and, on August 11 for application A2011-0028; 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: D ' iJ. Crome, MCIP, RPP ranklin Wu, Director of Planning Services Chief Administrative Officer MM/CS/df 29 August 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-076-11 PAGE 2 1. 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 JULY 14, 2011 Application Number Staff Recommendation Decision of Committee A2011-0026 Approve Approved A2011-0027 Deny Approved with conditions DECISION OF COMMITTEE OF ADJUSTMENT FOR AUGUST 11, 2011 Application Number Staff Recommendation Decision of Committee A2011-0028 Approve Approved 1.2 Application A2011-0026 was filed to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 metres. The Committee concurred with Staff's recommendation and approved the application. 1.3 Application A2011-0027 was filed to permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 m2 to 195 mZ and by increasing the maximum permitted height from 4.5 metres to 5 metres. Staff recommended that the application be denied as the proposal does not pass any of the four tests of a minor variance. The Committee debated the applicant's request, heard the concerns of two nearby residents and ultimately decided to approve the variance allowing 110 mZ of floor area with no increase in building height. Staff are satisfied that the Committee's decision to reduce the applicant's request from 195 sq.m. to 110 m2 meets the four tests of a minor variance and therefore do not object to the approval granted by the Committee. 1.4 Application A2011-0028 was filed to permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.2 metres, by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 m x 7.5 m to 7.5 m x 5 m. The Committee concurred with Staff's recommendation and approved the application. REPORT NO.: PSD-076-11 PAGE 3 2. COMMENTS 2.1 Staff reviewed the Committee's decisions for applications A2011-0026 to A2011- 0028 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 A2011-0026 to A2011-0028 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. 3. CONCURRENCE: Not applicable CONFORMITY WITH STRATEGIC PLAN — Not applicable Staff Contact: Mitch Morawetz, Junior Planner Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-076-11 Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: BRIAN BRADSHAW OWNER: BRIAN BRADSHAW PROPERTY LOCATION: 6260 CLEMENS ROAD, DARLINGTON PART LOT 9, CONCESSION 6 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0026 PURPOSE: To permit the construction single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a single detached dwelling by increasing the maximum permitted height from 10.5 metres to 11.3 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: July 14, 2011 LAST DAY OF APPEAL: August 3, 2011 1 � n Lending the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JOHN & CONSTANCE JENINGA OWNER: JOHN & CONSTANCE JENINGA PROPERTY LOCATION: 106 VARCOE ROAD, COURTICE PART LOT 35, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0027 PURPOSE: To permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 square metres to 195 square metres and by increasing the maximum permitted height from 4.5 metres to 5 metres. DECISION OF COMMITTEE: To approve the application to permit the construction of a detached garage by increasing the maximum permitted total floor area from 90 square metres to 110 square metres, subject to the condition that the garage be constructed in keeping with the design submitted, 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: July 14, 2011 LAST DAY OF APPEAL: August 3, 2011 ClarjR60R Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: H & H BUILDING CORPORATION OWNER: H & H BUILDING CORPORATION PROPERTY LOCATION: PART LOT 30, CONCESSION 3 FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2011-0028 PURPOSE: To permit the construction of a single detached dwelling by reducing the minimum required exterior side yard setback from 4.5 metres to 3.2 metres and by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 metres x 7.5 metres to 7.5 metres x 5 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 4.5 metres to 3.2 metres, by reducing the minimum required rear yard setback from 7.5 metres to 6.9 metres and by reducing the visibility triangle from 7.5 metres x 7.5 metres to 7.5 metres x 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: August 11, 2011 LAST DAY OF APPEAL: August 31, 2011