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Home My WebLink AboutPSD-036-04 - .' l' CI!Jlmgron REPORT PLANNING SERVICES D(iV.u Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, March 29, 2004 ~Pff1t-' 114-~O't Report #: PSD-036-Q4 File #: A2002/041 By-law #: A2004/007 TO A2004/010 INCLUSIVE Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF MARCH 4 AND MARCH 18,2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-036-04 be received; 2. THAT Council concurs with decisions of the Committee of Adjustment made on March 4,2004 and March 18,2004 for applications A2004/007 to A2004/010 inclusive 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 not appeal the decision made by the Committee of Adjustment on March 18, 2004 for application A2002/041. However, should an appeal be lodged by another party, Staff be authorized to defend its original recommendation. Submitted by: a . Crome, MCIP, R.P.P. Direc or of Planning Services o - ) , . Reviewed by: ~---' ~ Franklin Wu, Chief Administrative Officer SAIL T/DJC/ld March 22, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE. ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 601 --- REPORT NO.: PSD.036-04 PAGE 2 1.0 APPLICATION DETAILS 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 Application Number Staff Recommendation Decision of Committee March 4, 2004 A2002/041 Dismiss without prejudice Tabled for up to 2 months A2004/007 Approve Approved A2004/008 Approve Approved March 18, 2004 A2002/041 Table Approved as amended A2004/009 Approve Approved A2004/010 Approve Approved 2. Application A2002/041 is to permit a 75 m2 (800 W) accessory building at the Roger Swan car dealership located at 2320 Holt Road. The proposed accessory building would have a 0.6 metre rear yard setback instead of the required 5 metres, which is a reduction of 4.4 metres. This application had been previously tabled three times at Committee of Adjustment meetings; July 25, 2002 for up to six months, February 6, 2003 for ,an additional six months and August 28, 2003 for a further six months. Each time, Committee stated that as a site plan had not yet been filed on the property it was premature to approve the minor variance applied for. Typically, Committee of Adjustment does not approve a minor variance for a site plan until the site plan process has determined what variances are required and the exact amount of variance required. The applicant had not proven to Committee that this was the best and only location for this proposed storage building and that the variance was a necessity. The applicant has consistently refused to apply for the site plan as he feels the site plan process is a significant investment with no guarantee of approval without the minor variance. Thus, a stalemate was reached. Although the applicant did not attend the meeting March 4, 2004, he had expressed to Staff that he was no longer interested in pursuing the application. In seeking to find a solution, Committee discussed the application vigorously and came up with some ideas for resolution for this application. The application was tabled for up to two months to allow the applicant time to appear before Committee for further discussion. The applicant was notified that his application was scheduled to be heard by Committee and was pleased with Committee's proposal. He agreed to amend his application to request a 1.2 metre setback instead of the 0.6 metres originally applied for. 602 REPORT NO.: PSD-036-04 PAGE 3 Municipal Staff did not support the approval of this application. It appears from the existing site plan that relocation or elimination of parking spaces would be required, the existing north entrance may need some upgrades, and drainage will need to be revised. Staff is of the opinion that it would be prudent to review a site plan application first and know what variances the applicant may require and the amount of each variance. Staff does not endorse the decision of the Committee in this case. However, given that the variance will lapse if site plan approval is not received within 24 months, that the applicant is very much aware that additional minor variances may be required at his time and expense, and that the neighbouring property owner affected by the reduced rear yard setback has not contacted Staff at any point during the two years the application has been under discussion, Staff does not feel that an appeal to the Ontario Municipal Board by the Municipality is warranted. Should the application be appealed by another party, Staff will present evidence in support of their original recommendation. 3. 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 1: Attachment 1 - Periodic Report for Committee of Adjustment 603 ATTACHMENT 1 Cl~iyglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: SWAN, ROGER SWAN, ROGER 2320 HOLT RD." DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/041 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5 METRES TO 0.6 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO 2 MONTHS TO ENSURE THE APPLICANT IS AVAILABLE FOR A FUTURE COMMITTEE OF ADJUSTMENT MEETING, FOR FURTHER DISCUSSION OF THE APPLICATION. DATE OF DECISION: March 4, 2004 LAST DAY OF APPEAL: March 24, 2004 604 Cl!Jlmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: GILBRIDE, PATRICIA & RUSSELL GILBRIDE, PATRICIA & RUSSELL 22 MCCALLUM ST." HAMPTON PART LOT 19, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2004/007 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE REDUCTION OF AN EXISTING AGRICULTURAL LOT FROM 1.9775 HA TO 1.1975 HA, A DIFFERENCE OF 0.78 HA. THE MINIMUM LOT AREA REQUIREMENT IN THE "AGRICULTURAL ZONE" IS 40 HECTARES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE LOT AREA TO 1.1975 HA AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: March 4, 2004 LAST DAY OF APPEAL: March 24, 2004 605 Cl!Jl-!lJglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: MCKEEN, JODY MCKEEN, JODY 2198 TAUNTON RD." DARLINGTON PART LOT 20, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2004/008 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING LOT FROM 3.85 HA TO 4.63 HA, WHEREAS THE MINIMUM LOT AREA REQUIREMENT IN THE "AGRICULTURAL ZONE" IS 40 HECTARES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO INCREASE THE LOT AREA TO 4.63 HA AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: March 4, 2004 LAST DAY OF APPEAL: March 24, 2004 606 CI!Jl-/nglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: SWAN, ROGER SWAN, ROGER 2320 HOLT RD." DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/041 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A NEW STORAGE BUILDING ON A COMMERCIAL LOT BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 5 METRES TO 0.6 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS AMENDED AT A 1.2 M REAR YARD SETBACK FOR THE COMMERCIAL STORAGE BUILDING, SUBJECT TO SITE PLAN APPROVAL BEING OBTAINED WITHIN 24 MONTHS AS IT CONFORMS TO THE OP & ZONING BY-LAW & IS DEEMED MINOR & DESIRABLE. DATE OF DECISION: March 18,2004 LAST DAY OF APPEAL: April 7, 2004 607 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TOPOLlE, MARTIN OWNER: SPARKES, KENNETH PROPERTY LOCATION: 91 CEDAR CREST BEACH RD., BOWMANVILLE PART LOT 13, CONCESSION BFC FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/009 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK AND STAIRS ON AN EXISTING DWELLING BY REDUCING THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 3 METRES TO 0.51 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE WESTERLY INTERIOR SIDE YARD SETBACK TO 0.51 METRES, SUBJECT TO THE SHEDS BEING BROUGHT INTO COMPLIANCE WITH THE ZONING BY-LAW, PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE DECK, AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: LAST DAY OF APPEAL: March 18, 2004 April 7, 2004 608 Cl. 0. L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: TOPOLlE, MARTIN OWNER: RITCHEY, VALERIE PROPERTY LOCATION: 105 COVE RD." BOWMANVILLE PART LOT 11, CONCESSION BFC FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2004/010 PURPOSE: TO PERMIT AN EXISTING DWELLING TO BE RELOCATED ON LOT BY INCREASING THE WESTERLY SIDE YARD SETBACK FROM 2.03 METRES TO 2.23 METRES, THE MINIMUM SIDE YARD SETBACK IS 3 METRES, AND TO PERMIT THE CONSTRUCTION OF AN ADDITION ON AN EXISTING DWELLING BY REDUCING THE EASTERLY INTERIOR SIDE YARD SETBACK FROM THE EXISTING 0.55 METRES TO 0.34 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR, SUBJECT TO THE SHEDS BEING BROUGHT INTO COMPLIANCE WITH THE ZONING BY-LAW PRIOR TO THE ISSUANCE OF A BUILDING PERMIT FOR THE RELOCATION OF THE DWELLING, AS IT MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY- LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: March 18, 2004 LAST DAY OF APPEAL: April?, 2004 609