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HomeMy WebLinkAboutPSD-120-04 , . Cl~-!lJglon REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 4, 2004 Report #: PSD-120-04 File #: A2004/036, A2004/037, A2004/038 and A2004/039 By,-Iaw #: {.<.v;. -rl- {!I?t1- 39 '-f-O'{- Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 2, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1 . THAT Report PSD-120-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on September 2,2004 for applications A2004/036, A2004/037, A2004/038 and A2004/039; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Davi . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: 0 ~--..s. ~ Franklin Wu, Chief Administrative Officer TW*L T*DJC*sh September 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 623 , REPORT NO.: PSD-120-G4 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 SEPTEMBER 2, 2004 Application Number Staff Recommendation Decision of Committee A2004/036 Approve Approved A2004/037 Approve Approved A2004/038 Closed - Variance not Required A2004/039 Approve Approved 2.0 COMMENTS 2.1 Applications A2004/036 and A2004/037 were identical applications to reduce the minimum driveway widths from 4.6 metres to 3.65 metres. The applicants purchased new link dwellings and had not been informed of the minimum driveway widths at the time of purchase being 4.6 metres. The builder provided sod for the lots creating a 3.65 metre driveway width. Given that the applicants have the ability to park a vehicle in the garage and one in the driveway, staff recommended approval of the applications and the Committee of Adjustment concurred. 2.2 Application A2004/038 requested a reduction in the exterior side yard from 6.0 metres to 1.2 metres. Through review of this application, Staff determined that the property was in fact an interior lot because a Block of land was located between it and the adjacent street. As a result, the variance was not required and the file was closed. 2.3 A2004/039 was submitted to permit the construction of a detached garage by increasing the total lot coverage from 40% to 49% of the main building total floor area of the main building. The applicant had also requested that the existing garage be permitted to remain while the new garage is constructed. It was recommended that the lot coverage for accessory buildings be increased to 83% of the main building total floor area until May 22, 2005 to provide adequate time to construct the new garage and demolition of the existing garage. After that time the lot coverage permitted would be 49%. The Committee approved the variance as recommended by Staff. 624 , REPORT NO.: PSD-120-G4 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 625 ATTACHMENT 1 --- -- CllJ!il1gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: FAIR, JAMES & HILDA FAIR, JAMES & HilDA 185 HIGH ST." BOWMANVlllE PART LOT 11, CONCESSiON 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/036 PURPOSE: TO REDUCE THE WIDTH OF THE DRIVEWAY FROM THE REQUIRED 4.6 METRES TO 3.65 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: September 2,2004 LAST DAY OF APPEAL: September 22,2004 ti2ti C[tg-!l1glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY lOCATION: FAIR, SUSAN & ANNE FAIR, SUSAN & ANNE 197 HIGH ST." BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/037 FILE NO.: PURPOSE: TO REDUCE THE WIDTH OF THE DRIVEWAY FROM THE REQUIRED 4.6 METRES TO 3.65 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 2, 2004 LAST DAY OF APPEAL: September 22,2004 027 Cltg-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: POHJOLAINEN, TORSTI & PIRJO POHJOLAINEN, TORSTI & PIRJO 84 CLAYTON CR." BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/038 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD FROM THE REQUIRED 6 M TO 1.2 METRES TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING. DECISION OF COMMITTEE: APPLICATION CLOSED - VARIANCE WAS NOT REQUIRED BECAUSE THE LOT IS AN INTERIOR LOT DATE OF DECISION: LAST DAY OF APPEAL: 620 CllJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: TRETHAWAY, ALLISON TRETHAWAY, ALLISON 3853 REGIONAL RD 9 PART LOT 21, CONCESSION 6 FORMER TOWN(SHIP) OF CLARKE A2004/039 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A DETACHED GARAGE BY INCREASING THE TOTAL LOT COVERAGE FOR ALL ACCESSORY BUILDING FROM 40% TO 49% OF PRESCRIBED MINIMUM FLOOR AREA OF THE ZONE AND LEAVE THE EXISTING SHED UP DURING CONSTRUCTION OF THE NEW GARAGE. THE PROPOSED GARAGE WILL BE 71.34 M2 DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE WITH THE FOLLOWING REVISION: TO INCREASE THE MAXIMUM LOT COVERAGE FOR ACCESSORY BUILDINGS FROM 40% OF THE MAIN BUILDING TOTAL FLOOR AREA TO 83% IS APPROVED UNTIL MAY 22, 2005. AFTER THAT DATE THE MAXIMUM LOT COVERAGE FOR ACCESSORY BUILDINGS IS 49% OF THE MAIN BUILDING TOTAL FLOOR AREA DATE OF DECISION: September 2, 2004 LAST DAY OF APPEAL: September 22,2004 629