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Home My WebLink AboutPSD-028-04 -'~ .. ~ Cl~mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE .ol.GPA- 10ll-0'1 Monday, March 8, 2004 1)13 Date: Report #: PSD-028-004 File #: A2003/021, A2004/001 to A2004/006 inclusive By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF FEBRUARY 19, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-028-004 be received; and 2. THAT Council concurs with decisions of the Committee of Adjustment made on February 19, 2004 for applications A2003/021 and A2004/001 to A2004/006 inclusive and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Reviewed by: ...">:',.:':'.___.1, (" c '-- a J. Crome, MCIP, R.P.P. Director of Planning Services ' Franklin Wu, Chief Administrative Officer SNL TIDJC/ld February 24, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 OiJ ... < REPORT NO.: PSD-028-04 PAGE 2 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 NO.1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR February 19, 2004 Application Number Staff Recommendation Decision of Committee A2003/021 Table for up to 1 year Tabled for up to 1 year A2004/001 Approve Approved A2004/002 Approve Approved A2004/003 Approve Approved A2004/004 Approve Approved A2004/005 Approve Approved A2004/006 Approve Approved 2. Application A2003/021 was to permit commercial uses on Spicer Court in Bowmanville (auto mall property) with front yard setbacks of 5 metres, a building height of 12.2 metres instead of 10 metres and a reduction of 15 metres in distance between street intersections and site entrances. The application had been previously tabled from a Committee of Adjustment meeting July 3, 2003 for up to six months. Although progress has been made, site plans have not yet been filed on the properties applied for, so Committee felt it was premature at this time to approve the minor variances applied for. The application has been tabled for up to one year. 3. Application A2004/001 was for a reduction in rear yard setback to 0.28 metres and interior side yard setback to 0.38 metres for an existing shed. The application was approved at a slightly greater reduction in rear yard setback than applied for (an additional 0.1 metres) to leave room for eavestroughing along the rear wall of the shed. As a condition of approval the applicant is to install eavestroughin9 along the rear wall of the shed as soon as is possible. 4. Application A2004/006 was for an increase in lot coverage by a greenhouse operation (Links Greenhouses) from 44.5% to 50% and to recognize a deficient side yard setback of 11 metres instead of the required 15 metres. Committee approved the application as per Staffs recommendation for lot coverage of 46.25%, which would permit the applicant to replace an existing temporary greenhouse with a permanent structure in keeping with the rest of his greenhouses, and approved the reduced southerly side yard setback as applied for. , 00 <... REPORT NO.: PSD-028-04 PAGE 3 5. 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 Staffs official status before the Ontario Municipal Board in the event of an appeal of any decision of the Committee of Adjustment. Attachment: Attachment 1 - Periodic Report for the Committee of Adjustment Oi ... ATTACHMENT 1 cmrmglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: D.G. BIDDLE & ASSOCIATES LTD. WAVERLY ROAD PROPERTIES INC. 395 BASELINE RDW." BOWMANVILLE PART LOT 14, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2003/021 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT COMMERCIAL USE WITH FRONT YARD SETBACK OF 5 M INSTEAD OF 15 M; EXTERIOR SIDE YARD SETBACK OF 5 M INSTEAD OF 10; BUILDING HEIGHT OF 12.2 M INSTEAD OF 10 M; & DISTANCE OF 35 M BETWEEN INTERSECTION OF STREETS & SITE ENTRANCE INSTEAD OF 50 M. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF UP TO ONE YEAR TO ALLOW THE APPLICANT FURTHER TIME FOR SITE PLAN DEVELOPMENT. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10,2004 u.u '- Cl~ilJgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: PETERSEN, SCOTT ROBERTSON, REGAN 23 FENWICK AV." BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/001 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE REQUIRED REAR YARD SETBACK FOR AN EXISTING SHED FROM MINIMUM OF 1.2 METRES TO 0.28 METRES AND TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM THE MINIMUM OF 1.2 METRES TO 0.38 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED WITH A REAR YARD SETBACK OF 0.18 METRES TO ACCOMMODATE EAVESTROUGH & AN INTERIOR SIDE YARD SETBACK OF 0.38 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR & DESIRABLE. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 U / '- Cl!J!-llJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: TOTH, CHRISTOPHER TOTH, CHRISTOPHER 2803 PROVIDENCE RD", DARLINGTON PART LOT 4, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2004/002 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE KEEPING OF LIVESTOCK (CHICKENS) ON AN EXISTING LOT BY REDUCING THE MIN. LOT AREA REQUIREMENT FOR AGRICULTURAL USES FROM 2 HA TO 0.96 HA, REDUCING REAR YARD SETBACK FOR AN AGRICULTURAL BUILDING FROM MIN. REQUIRED 15 M TO 4.6 M, REDUCING MINIMUM SEPARATION DISTANCE BETWEEN AN AGRICULTURAL BUILDING HOUSING LIVESTOCK AND A RESIDENCE ON NEIGHBOURING PROPERTY FROM 300 M TO 100 M AND TO PERMIT LOT COVERAGE BY ACCESSORY BUILDING TO INCREASE FROM 92.9 M2 PERMITTED BY THE ONTARIO MUNICIPAL BOARD TO 101.1 M2. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND THE ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10,2004 CJLu ,~ Cl!J!jygron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: H.L. GAY FAMILY HOMES LIMITED H.L. GAY FAMILY HOMES LIMITED 39 AYLESWORTH AV." COURTICE PART LOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON A2004/003 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO RECOGNIZE A DWELLING UNDER CONSTRUCTION WITH A FRONT YARD SETBACK OF 5.7 METRES INSTEAD OF THE MINIMUM REQUIREMENT OF 6.0 METRES TO A PRIVATE GARAGE. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10,2004 ULI '- CJ. fl L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: H.l. GAY FAMilY HOMES LIMITED H.L. GAY FAMilY HOMES LIMITED 253 CORNISH DR." COURTICE PART lOT 35, CONCESSION 1 FORMER TOWN(SHIP) OF DARLINGTON A2004/004 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO RECOGNIZE A DWELLING UNDER CONSTRUCTION WITH A FRONT YARD SETBACK OF 5.7 METRES INSTEAD OF THE MINIMUM REQUIREMENT OF 6.0 METRES TO A PRIVATE GARAGE. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE." DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10,2004 OLL .". Cl!J!-!lJglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: McCARTNEY, KEVIN McCARTNEY, KEVIN 6421 LESKARD RD." CLARKE PART LOT 30, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE A2004/005 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING (SHED) WITH A ROOF HEIGHT OF 6.1 METRES INSTEAD OF THE MAXIMUM PERMITTED 5 METRES ABOVE GRADE TO THE AVERAGE HEIGHT BETWEEN THE EAVES AND THE RIDGE. DECISION OF COMMITTEE: THAT APPLICATION BE APPROVED FOR A BLDING HEIGHT OF 6.1 M FOR EAST ELEVATION ONLY, AS IT IS IN CONFORMITY WITH THE OP & ZB & IS DEEMED MINOR & DESIRABLE, SUBJECT TO THE EXISTING SHED BEING REMOVED WITHIN 6 MONTHS OF BUILDING PERMIT BEING ISSUED. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10, 2004 C; L ...J "' Clart u Leadingt~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: MULDERS, HENK MULDERS, HENK 3990 BRAGG RD." DARLINGTON PART LOT 3, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2004/006 PURPOSE: TO RECOGNIZE EXISTING GREEN HOUSES WITH A SOUTHERLY SIDE YARD SETBACK OF 11 METRES INSTEAD OF THE REQUIRED 15 METRES AND TO INCREASE LOT COVERAGE BY AGRICULTURAL BUILDINGS (GREENHOUSES) FROM 44.5% TO 50%. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED WITH A SOUTH SIDE YARD SETBACK OF 11 METRES AND AN INCREASE IN LOT COVERAGE TO 46.25% AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: February 19, 2004 LAST DAY OF APPEAL: March 10,2004 c) L .T