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Home My WebLink AboutPSD-054-05 . Cl![mgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday April 25, 2005 Report #: PSD-054-05 File#: &s-4#;P4 }53-0-:; A2004/057, A2005/009 and A2005/010 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 14, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-054-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on April 14, 2005 for applications A2004/057, A2005/009, and A2005/010; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment Submitted by: D v J. Crome, M.C.I.P., R.P.P. Director of Planning Services Reviewed by: O~~ Franklin Wu, Chief Administrative Officer BR/CPIDC/df 18 April 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 REPORT NO.: PSD.054-05 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 summarized below. 1.2 Application Number Staff Recommendation Decision of Committee A2004/057 Approve Approved A2005/009 Approve Approved A2005/010 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR APRIL 14, 2005 2.0 COMMENTS 2.1 A2004/057 was originally heard and approved at the November 25, 2004 Committee meeting. A variance to reduce the side and rear yard setback for an accessory structure was granted at that time. Proper notification of the decision and appeal process were not sent to all interested parties. As this is a requirement of the Planning Act under section 45.10.c, the application was heard again by Committee. The Committee approved a reduction in side and rear yard setback for an accessory structure from 1.2 metres to 0.29 metres 2.2 A2005/009 was an application to increase the lot coverage for a farm structure from a permitted 9.5% to 12.75%. The applicant is proposing a 6,049 m2 addition to an existing greenhouse operation. The proposed addition would be towards the south of the property, and be no closer to the side yard property lines than the existing structures. A previous variance had been granted in 2001 to increase the lot coverage from 5% to 9.5%. Three (3) residents contacted Planning staff with concerns regarding the proposed greenhouse development. The majority of their concerns are regulated through the Farm and Food Production Protection Act, and could not be addressed by the Committee of Adjustment under the Planning Act application. Other concerns raised are regulated by the Ministry of the Environment, and again, not within the Committee's mandate to regulate. The owner informed the Committee that the proposed structure contains a modern, automated watering system, which actually decreases the amount of water used by the operation. Committee approved the increase in lot coverage by farm buildings to 12.75% 2.3 Application A2005/010 was a request to reduce the minimum distance separation of a non-farm related new lot to an existing livestock facility from 300 metres to 160 metres. REPORT NO.: PSD-054-05 PAGE 3 This application is a condition of approval for the land division application on this site. The livestock building is currently being used temporarily to house a neighbour's livestock (cattle). The distance separation requested was measured to the property line of the proposed lot, thus the setbacks for a new home on the proposed lot would not be more restrictive than the zoning by-law. Committee approved the reduction in minimum distance separation as the 160 metre setback satisfies the Ministry of Agriculture and Food's Minimum Distance Separation. 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'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. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment ATTACHMENT 1 q(}l-!lJgton 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: APPROVAL TO REDUCE THE INTERIOR SIDE YARD SETBACK & REAR YARD SETBACK FOR AN ACCESSORY STRUCTURE FROM 1.2 M TO 0.29 M AS IT IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW. DATE OF DECISION: April 14, 2005 LAST DAY OF APPEAL: May 4,2005 - - CliJl-ilJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: BROWN, GERALD BROWN, GERALD 56 BROWVIEW RD." CLARKE PART LOT 32 33 34, CONCESSION 2 FORMER TOWN(SHIP) OF CLARKE A2005/010 FILE NO.: PURPOSE: TO REDUCE THE REQUIRED MINIMUM DISTANCE SEPARATION FROM A LIVESTOCK BUILDING FROM 300 METRES TO 160 METRES TO PERMIT THE CREATION OF A NEW NON-FARM RESIDENTIAL LOT. DECISION OF COMMITTEE: APPROVAL TO REDUCE THE REQUIRED MDS FROM A LIVESTOCK BUILDING FROM 300 M TO 160 M TO PERMIT THE CREATION OF A NEW NON-FARM RESIDENTIAL LOT AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: April 14, 2005 LAST DAY OF APPEAL: May 4,2005 . CltJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: D.G. BIDDLE & ASSOCIATES L TO. Witzke Greenhouses 1621 PEBBLESTONE RD." COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2005/009 FILE NO.: PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING GREENHOUSE OPERATION BY INCREASING THE TOTAL LOT COVERAGE FROM THE PERMITTED 9.5% TO 12.75%. DECISION OF COMMITTEE: APPROVAL OF THE INCREASE IN LOT COVERAGE FOR AN AGRICULTURAL BUILDING FROM 9.5% TO 12.75% AS IT IS MINOR AND DESIRABLE IN NATURE AND IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: April 14, 2005 LAST DAY OF APPEAL: May 4,2005