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HomeMy WebLinkAboutPSD-086-11 1cl 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 • 1 � n 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 ar 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 ar 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 • 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