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Home My WebLink AboutPSD-040-05 Cl!J!illglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Tuesday, March 29, 2005 Report #: PSD-040-05 File #: A2005/005 and A2005/006 gee: !(//I Ji/1-()5 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MARCH 3, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-040-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on March 3, 2005 for applications A2005/005; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; and 3. THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on March 3, 2005 for A2005/006, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendation. Reviewed bY:O~..s:.. ~ Franklin Wu, Chief Administrative Officer BRlCP/FLldf CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOW MANVILLE, ONTARIO L 1 C 3A6 T (905)623-3379 F (905)623-0830 626 REPORT NO.: PSD-040-05 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. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MARCH 3 2005 A2005/005 A2005/006 A rove with conditions Approve with modifications A roved with conditions Approved as applied for, no modifications made 2.0 COMMENTS 2.1 A2005/005 was an application to reduce the minimum front yard setback from 4.5 metres to 1.2 rnetres to allow for the construction of a pool. Council waived the fees for this application on the January 31st meeting (Resolution #C-052-05). The site is a corner lot, and the home was originally constructed to face the defined exterior side yard. Due to the shape and grading of the lot, along with the servicing of the home, the location of an in-ground pool is very limited. At the meeting a neighbouring resident spoke with the applicant in favour of the application citing the lot's unusual shape and house location. Another neighbour wrote a letter and attended in opposition to the application citing the proposed pool's detriment to the tranquillity of the front yard area. The Committee concurred with Staffs recommendation and approved a variance for the reduction of the front yard setback from 4.5 m to 1.2 m for an in-ground pool only. 2.2 A2005/006 was an application to reduce the exterior side yard setback for a detached accessory building from 6 metres to 1.2 metres. The applicant proposed the construction of a detached garage, and felt that meeting the 6 metres setback would not leave a sufficient rear yard area. Staffs recommendation was to allow for a reduction in the exterior side yard, but only to 3 metres. The already narrow road allowance of Lover's Lane has a home on the north side of the street, opposite the applicant, located in close proximity to the street. The applicants home on the south side of the street along with the other homes on the south side are set, on average, about 11 meters from the property line. Staff cited a desire to maintain a more open streetscape on the south side and to be in keeping with the neighbourhood setbacks. Staff also felt a 3 metre setback would still allow a sufficient rear yard area. The Committee decided that given the uniqueness of the area, a 1.2 m setback would not adversely affect the streetscape, and chose to approve the application provided that no doors face the street. 2.3 Staff has reviewed the Committee's decisions and is satisfied that the application that received approval, with the exception of A2005/006, is in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and is minor in nature and G~7 REPORT NO.: PSD-040-05 PAGE 3 desirable. Council's concurrence with the Committee of Adjustment's decision 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. 2.4 In the case of the decision of Committee for A2005/006, as described in Section 2.2, Staff does not support the decision of the Committee of Adjustment. However, staff do not feel an appeal of the Committee's decision is warranted for reasons of cost and demand on Staff resources. As the appeal period for A2005/006 expired prior to Council receiving this report, an appeal to this application has been filed. Should Council agree with Staff's recommendation that an appeal is not warranted, the appeal will be withdrawn. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment 628 ATTACHMENT 1 qfJl-!!Jglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: BOUCHER, TAMARA MOORE, DAVID 215 GUILDWOOD DR." BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2005/005 FILE NO.: PURPOSE: TO REDUCE THE FRONT YARD SETBACK FROM 4.5 METRES TO 1.2 METRES TO PERMIT A SWIMMING POOL DECISION OF COMMITTEE: APPROVE THE REDUCTION OF THE FRONT YARD SETBACK FROM 4.5 METRES TO 1.2 METRES FOR AN IN-GROUND POOL AS IT IS MINOR AND DESIRABLE IN NATURE DATE OF DECISION: March 3, 2005 LAST DAY OF APPEAL: March 23, 2005 629 ClfJl-!lJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: STRIKE, DAN GRIBBON, TODD & LIZ 29 CENTRE ST." BOWMANVILLE PART LOT 11, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2005/006 PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6 METRES TO 1.2 METRES. DECISION OF COMMITTEE: APPROVE THE REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 1.2 METRES WITH THE CONDITION THAT NO DOOR BE PERMITTED ON THE NORTH SIDE OF THE GARAGE AS IT IS MINOR AND DESIRABLE IN NATURE DATE OF DECISION: March 3, 2005 LAST DAY OF APPEAL: March 23, 2005 630