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Home My WebLink AboutPSD-015-05 ,..,. .~ Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday January 24, 2004 Report #: PSD-015-05 File #: A2002/053, A2003/024, A2005/001 and A2005/002 nPP -b')..::;Y0 :;- By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 13, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-015-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on January 13, 2005 for applications A2002/053, A2003i024, A2005/001 and A2005/002; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: " r: ~ \ ~.,>:/~(,(j..l'\. Reviewed by: ~ Franklin Wu, Chief Administrative Officer av . Crome, MCIP, R.P.P. Director of Planning Services January 17, 2005 TW*CS*DJC*sh CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 662 ~..~ . REPORT NO.: PSD-015-05 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 A2002/053 Dismiss without prejudice Dismissed without prejudice A2003/024 Dismiss without prejudice Dismissed without prejudice A2005/001 Table Tabled A2005/002 Approve with modifications Approved with modifications DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JANUARY 13, 2005 2.0 COMMENTS 2.1 Applications A2002/053 and A2003/024 were previously tabled to provide the applicants with the opportunity to submit a site plan amendment application in support of the requested variances. In both cases, the applicants had not proceeded with the applications, therefore it was recommended to dismiss the applications without prejudice. The Committee concurred with Staff's recommendation. 2.2 A2005/001 was an application to reduce the minimum lot frontage of a proposed lot from 15 metres to 13.83 metres. Engineering Services objected to the proposal due to the curvature of the street and the possibility that the lot would not properly accommodate the creation of a driveway while providing adequate storage area for snow from the driveway, street and adjacent walkway. Staff recommended that the application be tabled for a three (3) month period to provide the applicant with the opportunity to address Engineering concerns. The applicant argued that there was adequate space for both the driveway and snow storage and requested the Committee to deal with the application at the meeting. The Committee decided to table the application for one (1) month. 2.3 Application A2005/002 was submitted to recognize an above ground pool with an attached deck located 0.31 metres to the rear property line. The deck consisted of two levels; the lower level being 1.04 metres to the property line, and the upper level being 0.31 metres to the property line. The pool was 1.11 metres to the property line. Staff was of the opinion that the upper level deck could be easily relocated to comply with the 1.2 metre setback and recommended approval of the 1.04 and 1.11 metre reductions for the lower deck and pool. The Committee concurred with Staff's recommendation. 663 '.. '. REPORT NO.: PSD.015.05 PAGE 3 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 664 ., " ATTACHMENT 1 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: CALEDON PROPANE 1494263 Ontario Ltd. 40 PORT DARLINGTON RD., , BOWMANVILLE PART LOT 10, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2002/053 PURPOSE: TO REDUCE THE REQUIRED MINIMUM FRONT YARD SETBACK FROM 7.5 METRES TO 3.05 M FOR SHED #1, TO 3.4 M FOR SHED #2, AND TO 4.3 M FOR SHED #3 . DECISION OF COMMITTEE: DISMISSED WITHOUT PREJUDICE DATE OF DECISION: January 13, 2005 LAST DAY OF APPEAL: February 2, 2005 . 665 ... Cl~jggron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: 3416674 CANADA INC. 3416674 CANADA INC. 422 LAKE RD.,. BOWMANVILLE PART LOT 8, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2003/024 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE DEVELOPMENT OF A 101.38 SQ.M MEZZANINE LEVEL STORAGE AREA WITHIN AN EXISTING INDUSTRIAL DEVELOPMENT BY REDUCING THE REQUIRED PARKING SPACES TO 90 FROM THE REQUIRED 96. DECISION OF COMMITTEE: DISMISS WITHOUT PREJUDICE DATE OF DECISION: January 13, 2005 LAST DAY OF APPEAL: February 2,2005 666 CltJl-!ngron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: L YSYK, GEORGE L YSYK, GEORGE 36 QUINN DR." BOWMANVILLE PART LOT 13, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2005/00 1 FILE NO.: PURPOSE: TO REDUCE THE REQUIRED MINIMUM LOT FRONTAGE FOR A SINGLE DETACHED DWELLING FROM 15 METRES TO 13.83 DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNTIL THE NEXT MEETING OF THE COMMITTEE OF ADJUSTMENT ON FEBRUARY 3, 2005 DATE OF DECISION: January 13, 2005 LAST DAY OF APPEAL: February 2,2005 667 Clw:-!Jlglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: ARMSTRONG HARRISON ASSOCIATES PILON, ANDRE 105 CLAYTON CR." BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2005/002 PURPOSE: TO REDUCE THE MINIMUM REQUIRED REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE FROM 1.2 METERS TO 0.31 METER TO RECOGNIZE AN EXISTING POOL AND DECK. DECISION OF COMMITTEE: TO APPROVE THE REDUCTION OF THE REAR YARD SETBACK FOR THE EXISTING LOWER DECK FROM 1.2 M TO 1.04 M, AND TO REDUCE THE REAR YARD SETBACK FOR THE EXISTING POOL AND ASSOCIATED SUPPORT POSTS FROM 1.2 M TO 1.11 M AND THAT THE UPPER DECK BE RELOCATED OR REMOVED WITHIN 90 DAYS AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE DATE OF DECISION: January 13, 2005 LAST DAY OF APPEAL: February 2,2005 668