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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