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Leading the Way
REPORT
PLANNING SERVICES DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: October 31, 2011 Resolution #: IiO 3-11 By-law #: N/A
Report#: PSD-086-11 File #: A2011-0032 to A2011-0038
Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF OCTOBER 13, 2011
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-086-11 be received;
2. THAT Council concurs with the decisions of the Committee of Adjustment made on
October 13, 2011 for applications A2011-0032 to A2011-0038;
3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the
decisions of the Committee of Adjustment for applications A2011-0032 to A2011-0037;
and
4. THAT Council concurs with Staff that an appeal by the Municipality of the decision
made by the Committee of Adjustment on October 13, 2011, for application A2011-0038
is not warranted. However, should an appeal be lodged by another party, that Staff be
authorized to defend its original position.
t
Submitted by: Reviewed by:
David J.trome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
MM/CP/df/av
24 October, 2011
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1 3A6 T (905)623-3379 F (905)623-0830
REPORT NO.: PSD-086-11 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
October 13, 2011
Application
Number Staff Recommendation Decision of Committee
A2011-0032 Approve Approved
A2011-0033 Approve Approved
A2011-0034 Approve Approved
A2011-0035 Approve Approved
A2011-0036 Approve Approved
A2011-0037 Approve Approved
A2011-0038 Deny Approved
1.2 Applications A2011-0032 to A2011-0035 were filed to permit the construction of
single detached dwellings by reducing the minimum required exterior side yard
setback from 6.0 metres to 4.5 meters. The Committee concurred with Staff's
recommendations and approved the applications.
1.3 Application A2011-0036 was filed to permit an existing dine-in eating
establishment accessory to an existing take-out eating establishment, in addition
to the other uses permitted on the subject property. Staff recommended that the
application be approved as the dine-in eating establishment had existed for 10
years prior to the application being submitted and no detrimental impacts have
been observed or reported within the neighbourhood as a result of the restaurant.
The Committee concurred with Staff's recommendation and approved the
application.
1.4 Application A2011-0037 was filed to give relief to an existing agricultural building
by reducing the minimum required interior side yard setback from 15 metres to
6.2 metres, in order to fulfill the conditions of a related application to the Land
Division Committee. The Committee concurred with Staff's recommendations
and approved the applications.
1.5 Application A2011-0038 was filed to permit the construction of a single detached
dwelling by increasing the maximum permitted height from 10.5 metres to 12.5
metres. Staff recommended that the application be denied as it does not meet
the intent of the Zoning By-law and would be detrimental to the character of the
REPORT NO.: PSD-086-11 PAGE 3
neighbourhood. The height of the proposed single detached dwelling would be
significantly taller than the existing neighbouring bungalows along the street. The
Committee did not concur with Staff's recommendation and approved the
application as applied for.
2. COMMENTS
2.1 Staff reviewed the Committee's decisions for applications A2011-0032 to A2011-
0037 and are satisfied that they are in conformity with both Official Plan policies,
consistent with the intent of the Zoning By-law, minor in nature and desirable.
2.2 Council's concurrence is required with staff's opinion that an appeal by the
Municipality on the decision made by the Committee of Adjustment on October
13, 2011 for application A2011-0038 is not warranted; and Council's
authorization is required in order to afford staff official status before the Ontario
Municipal Board to defend its original recommendation.
2.3 Staff do not consider the variance to increase the maximum permitted height of
the proposed dwelling to be in keeping with the intent of the By-law or desirable
for the appropriate development of the neighbourhood. However, none of the
neighbours raised any concerns with the application and the impact of the
Committee's decision will be limited to the area immediately surrounding the
subject lot; therefore an appeal by the Municipality of the Committee's decision is
not warranted.
3. CONCURRENCE: Not applicable
CONFORMITY WITH STRATEGIC PLAN — Not applicable
Staff Contact: Nicole Granzotto, Junior Planner
Attachments:
Attachment 1 - Periodic Report for the Committee of Adjustment (October 13, 2011)
Attachment 1
To Report PSD-086-11
Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALLOWAY HOLDINGS LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 110 HOCKLEY AVENUE, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2011-0032
PURPOSE:
To permit the construction of a single detached dwelling by reducing the minimum
required exterior side yard setback from 6.0 metres to 4.5 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 6.0 metres to 4.5
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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
Leadizzg t)ze Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALLOWAY HOLDINGS LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 95 HOCKLEY AVENUE, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2011-0033
PURPOSE:
To permit the construction of a single detached dwelling by reducing the minimum
required exterior side yard setback from 6.0 metres to 4.5 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 6.0 metres to 4.5
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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
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Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALLOWAY HOLDINGS LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 94 HOCKLEY AVENUE, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2011-0034
PURPOSE:
To permit the construction of a single detached dwelling by reducing the minimum
required exterior side yard setback from 6.0 metres to 4.5 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 6.0 metres to 4.5
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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
1 � n
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Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: HALLOWAY HOLDINGS LIMITED
OWNER: HALLOWAY HOLDINGS LIMITED
PROPERTY LOCATION: 111 HOCKLEY AVENUE, BOWMANVILLE
PART LOT 13, CONCESSION 2
FORMER TOWN OF BOWMANVILLE
FILE NO.: A2011-0035
PURPOSE:
To permit the construction of a single detached dwelling by reducing the minimum
required exterior side yard setback from 6.0 metres to 4.5 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 6.0 metres to 4.5
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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
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Leading the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: U GARDEN CHINESE CUISINE
OWNER: SANDRA MUTCHMOR
PROPERTY LOCATION: 2 GLENABBEY DRIVE, COURTICE
PART LOT 35, CONCESSION 2
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0036
PURPOSE:
To permit the existing dine-in eating establishment accessory to an existing take-out
eating establishment, in addition to the other uses permitted on the subject property
DECISION OF COMMITTEE:
To approve the application to permit the existing dine-in eating establishment
accessory to an existing take-out eating establishment, in addition to the other uses
permitted on the subject property, 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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
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Len�liiig the Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: DAVE KIRK
OWNER: ALFRED HARNESS
PROPERTY LOCATION: 3858 CONCESSION RD 5, CLARKE
PART LOT 21 & 22, CONCESSION 5
FORMER TOWNSHIP OF CLARKE
FILE NO.: A2011-0037
PURPOSE:
To give relief to an existing agricultural building by reducing the minimum required
interior side yard setback from 15 metres to 6.2 metres, in order to fulfill the conditions
of a related application to the Land Division Committee.
DECISION OF COMMITTEE:
To approve the application to give relief to an existing agricultural building by reducing
the minimum required interior side yard setback from 15 metres to 6.2 metres, in order
to fulfill the conditions of a related application to the Land Division Committee, 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: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011
s
I ending tJze Way
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: IOLA CONFORTI
OWNER: IOLA CONFORTI
PROPERTY LOCATION: 19 BICE COURT, SOLINA
PART LOT 25, CONCESSION 6
FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2011-0038
PURPOSE:
To permit the construction of a single detached dwelling by increasing the maximum
permitted height from 10.5 metres to 12.5 metres.
DECISION OF COMMITTEE:
To approve the construction of the single detached dwelling by increasing the
maximum permitted height from 10.5 metres to 12.5 metres as it conforms to the intent
of both Official Plans and Zoning By-law, is minor in nature and is not detrimental to the
character of the neighbourhood.
DATE OF DECISION: October 13, 2011
LAST DAY OF APPEAL: November 2, 2011