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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Report #:
Monday January 10, 2005 III ooy;-O~;
PSD-005-05 File #: A2004/029, A2004/057 and A2004/058 By-law #:
Date:
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF NOVEMBER 25, 2004
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1, THAT Report PSD-005-05 be received; and
2, THAT Council concurs with the decision of the Committee of Adjustment made on
November 25, 2004 for applications A2004/029, A2004/057 and A2004/058; and that
Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment.
S"bm;tled by' ~
David J, me, M p, R.P.P.
Director of Planning Services
Reviewed by: a~ ~.
Franklin Wu,
Chief Administrative Officer
TW*CS*DJC*sh
December 10, 2004
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830
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REPORT NO.: PSD.005-05
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 application and the Committee's decisions are detailed in
Attachment 1, The decisions of the Committee are detailed below,
Application Number Staff Recommendation Decision of Committee
A2004/029 Approve Approved
A2004/057 Approve with revision Approved with revision
A2004/058 Approve Approved
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
NOVEMBER 25, 2004
2.0 COMMENTS
2,1 Application A2004/058 was tabled at the November 11, 2004. The applicant requested
a variance for the rear and side yard setbacks to an accessory structure based on
measurements to the walls, rather than to the eaves, as required by the Zoning By-law.
The applicant revised the variance, requesting a reduction in the required side yard and
rear yard setbacks from 1,2 metres to 0.29 metres for an accessory structure,
Staff recommended that the Committee approve a variance for a 0.6 metre reduction,
rather than the requested 0,29 metres, in order to provide adequate room for
maintenance of the structure. At the meeting, the applicant indicated that there was 0.6
metres to the wall of the structure providing adequate room for maintenance. Based on
their site inspections, the Committee members were in agreement with the applicant.
The Committee decided to approve a variance to reduce the rear and interior side yard
setback from 1,2 metres to 0.6 metres to the wall, and to 0.29 metres to the eaves for
the existing accessory structure,
2.4 Staff has reviewed the Committee's decisions and is satisfied that the applications that
received approval are in conformity with the Official Plan policies, consistent with the
intent of the Zoning By-law and are minor in nature and desirable. Council's
concurrence with the Committee of Adjustment decisions is required in order to afford
Staff's official status before the Ontario Municipal Board in the event of an appeal of any
decision of the Committee of Adjustment.
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment
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ATTACHMENT 1
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: ROBINSON, DAVID
OWNER: ROBINSON, THOMAS
PROPERTY LOCATION: 7 GOLDPINE AV,. , COURTICE
PART LOT 31, CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
FILE NO.: A2004/029
PURPOSE:
TO REDUCE THE REAR YARD SETBACKS FROM 1.2 METRES TO 0,6 METRES
FOR A POOL DECK, REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2
METRES TO 0.2 METRES FOR A SHED, AND REDUCE THE INTERIOR SIDE YARD
SETBACK FROM 1 ,2 METRES TO 0 METRES FOR A DECK.
DECISION OF COMMITTEE:
TO APPROVE THE APPLICATION TO REDUCE THE REAR YARD SETBACK FROM
1,2 METRES TO 0.6 METRES FOR AN EXISTING POOL DECK, REDUCE THE
INTERIOR SIDE YARD SETBACK FROM 1,2 METRES TO 0,2 METRES FOR AN
EXISTING SHED, AND REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2
METRES TO 0 METRES FOR AN EXISTING DECK SUBJECT TO THE REMOVAL OF
THE SKIRTING FROM THE EAST END OF THE OF THE POOL DECK; AND
COMPLETION OF THE NECESSARY MODIFICATIONS IN ACCORDANCE WITH AN
APPROVED BUILDING PERMIT BY MAY 31, 2005 BECAUSE IT IS MINOR AND
DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND
ZONING BY-LAW.
DATE OF DECISION:
November 25, 2004
LAST DAY OF APPEAL:
December 15, 2004
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
MACDONALD,STEPHEN
MACDONALD, JOYCE
226 RICHFIELD SQ., , COURTICE
PART LOT 30, CONCESSION 3
FORMER TOWN(SHIP) OF DARLINGTON
A2004/057
PURPOSE:
TO REDUCE THE REQUIRED SIDE YARD AND REAR YARD SETBACKS FOR AN
ACCESSORY BUILDING FROM 1.2 METRE TO 0,29 METRES,
DECISION OF COMMITTEE:
APPROVE APPLICATION A2004/057 TO REDUCE THE REAR & INTERIOR SIDE YARD
SETBACK FROM 1.2 M TO 0.6 M TO THE STRUCTURE AND 0.29 M TO THE EAVES
FOR THE EXISTING SHED AS IT IS MINOR & DESIRABLE IN NATURE & MEETS THE
INTENT OF THE OFFICIAL PLAN
DATE OF DECISION: November 25, 2004
LAST DAY OF APPEAL: December 15, 2004
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
OSBORNE, JOHN
OSBORNE, JOHN
3897 CONCESSION RD 4 , CLARKE
PART LOT 21, CONCESSION 3
FORMER TOWN(SHIP) OF CLARKE
A2004f058
PURPOSE:
TO REDUCE THE MINIMUM DISTANCE SEPARATION TO A NON-FARM RELATED
RESIDENTIAL BUILDING TO AN AGRICULTURAL BUILDING HOUSING LIVESTOCK
FROM 300 METRES TO 219 METRES.
DECISION OF COMMITTEE:
APPROVE TO REDUCE MDS TO A NON-FARM RELATED RESIDENTIAL BLDG TO
AGRICULTURAL (HOUSING LIVESTOCK) FROM 300 M TO 219 M AS IT CONFORMS
TO MINISTRY OF AGRI & FOODS MDS REQUIREMENTS & IT IS MINOR & DESIRABE
IN NATURE & MEETS THE INTENT OF THE OP & ZBL
DATE OF DECISION:
November 25, 2004
LAST DAY OF APPEAL: December 15, 2004
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