The URL can be used to link to this page

Home My WebLink AboutPSD-128-04 , . Cl~il}gron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday October 18, 2004 Report #: PSD-128-04 File #: A2004/031, A2004/040, A2004/041 , A2004/042 A2004/043, A2004/044, A2004/045, A2004/046 and A2004/047 fZe6 if: 6pA- -L(-I;:L-uf By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 30, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-128-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on September 30, 2004 for applications A2004/031, A2004/040, A2004/041, A2004/042 A2004/043, A2004/044, A2004/045, A2004/046 and A2004/047; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: ~1.0 Dav d . Crome, MCIP, R.P.P. Director of Planning Services Reviewed by: & ~f2-:s;~ Franklin Wu, Chief Administrative Officer TW*L T*DJC*sh October 8, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 IHO -\ ~ REPORT NO.: PSD-128-04 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. Application Number Staff'Recornmendation Decision.'of'Gornrnitt~ A2004/031 Table Tabled A2004/040 Approve Approved A2004/041 Table Tabled A2004/042 Table Approved with condition A2004/043 Approve Approved A2004/044 Approve Approved A2004/045 Approve Approved A2004/046 Table Tabled A2004/047 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR SEPTEMBER 30, 2004 2.0 COMMENTS 2.1 A2004/031 was previously tabled because the applicant had the developer authorize the application rather than the current property owner. The applicant had not been able to obtain the authorization in time to meet the deadline for the September 30, 2004 meeting. Staff recommended the application be tabled and the Committee concurred. The applicant has since submitted the appropriate authorization so that the application can be reviewed at the upcoming meeting on October 21, 2004. 2.2 A2004/041 was an application to reduce the interior side yard setback from 1.2 metres to 1.16 metres for an existing link dwelling. The applicant did not post the 'Notice of Public Meeting' sign in accordance with the Planning Act and Municipal policy. As a result Staff recommended the application be tabled until October 21, 2004. 2.3 Staff requested that application A2004/042 be tabled to provide the Clarington Emergency Services Department with the opportunity to comment. The application was for a reduction in the interior side yard setback from the required 1.2 metres to 0.3 meters to allow for steps in the side yard. Staff wanted to ensure that there were no till REPORT NO.: PSD-128-04 PAGE 3 access concerns to the rear yard from a safety perspective given that the subject property is a link dwelling and that the right side yard setback is 0.65 metres and that the steps in the left side yard would reduce the setback to 0.3 metres. The Committee decided to approve the application with the condition that the steps be approved by the Clarington Emergency Services Department. The Committee was of the opinion that the variance was minor and desirable and that the steps were necessary to safely access the door in the side yard. The Clarington Emergency Services Department has approved the stops. 2.4 Application A2004/043 was requested to reduce the minimum required setback for a proposed barn housing livestock to a non farm related building from 300 metres to 100 metres. Because the proposed location of the barn exceeded the Minimum Distance Separation (MDS) required by the Ministry of Agriculture and Food by 30 metres, and the rural nature of the subject property, Staff recommended approval of the application. The Committee concurred with Staffs recommendation. 2.5 A2004/044 and A2004/045 were identical applications for the reduction of the exterior side yard setback from 6.0 metres to 5.69 metres to permit the construction of two new linked dwellings. Applications A2004/026 and A2004/027 were previously submitted for these properties and subsequently denied by the Committee because they were not satisfied that the applicant had demonstrated that the lands could not be developed without receiving a minor variance. The applicant re-applied and had adequately demonstrated to the Committee that the request was minor and desirable for the development of the lands. Staff accepts this decision of the Committee. 2.6 The applicant for A2004/046 submitted a request to table the application due to a scheduling conflict. The Committee decided to table the application until November 30, 2004. 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 Staffs 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 612 ATTACHMENT 1 C~illgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: PERDUE, JOHN / LEGENDS CONSULTING PORRETTA, DOMENIC/ ST. STEPHEN'S ESTATES 120 MADDEN PL." BOWMANVILLE PART LOT 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/031 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 METRES TO 5.16 METRES FOR AN EXISTING LINKED DWELLING DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNITL OCTOBER 21,2004. DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 tH. ~ Cl&ingron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: CLEARY HOMES 1447157 ONTARIO LTD. 46 SOUTH FIELD AVE., COURTICE PART LOT 35, CONCESSION 1, FORMER TOWNSHIP OF DARLINGTON A2004/040 FILE NO.: PURPOSE: TO REDUCE THE MINIMUM FRONT YARD SETBACK FROM 6.0 METRES TO 5.7 METRES FOR A RECENTLY CONSTRUCTED DWELLING. DECISION OF COMMITTEE: APPLICATION BE APPROVED AS APPLIED FOR IS MINOR & DESIRABLE IN NATURE & IN CONFORMITY WITH OP & ZBL WITH CONDITION APPLICANT SUBMIT LOT GRADING CERTIFICATE WITHIN ONE YEAR FROM DATE OF INITIAL OCCUPANCY OF DWELLING FOR APPROVAL OF DIRECTOR OF ENGINEERING SERVICES DATE OF DECISION: September 30, 2004 LAST DAY OF APPEAL: October 20,2004 tH4 C,!fJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: GRAJEN VILLAGE GRAJEN VILLAGE 59 HARMER DR." NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2004/041 FILE NO.: PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 1.16 METRES FOR AN EXISTING LINK DWELLING DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO OCTOBER 21,2004. DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 1:il5 C:!~-!l1gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: DE HART, EVERETT VELTRI & SON L TD 96 TRUDEAU DR." BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/042 PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 1.2 M TO 0.3 METRES TO ALLOW FOR STEPS DECISION OF COMMITTEE: APPLICATION BE APPROVED TO REDUCE SIDE YARD SETBACK FROM 1.2 M TO 0.3 M TO ALLOW STEPS AS IS MINOR & DESIRABLE IN NATURE & MEETS THE INTENT OF THE OP & ZBL WITH CONDITION THAT STEPS ARE APPROVED BY CLARINGTON EMERGENCY SERVICES DEPARTMENT DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 till) ~@!:mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: RUSSELL, KELLY RUSSELL, KELLY 4125 SQUAIR RD." CLARKE PART LOT 30, CONCESSION 4 FORMER TOWN(SHIP) OF CLARKE A2004/043 FILE NO.: PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FOR A PROPOSED BARN TO A NON FARM RELATED BUILDING FROM 300 METRES TO 100 METRES DECISION OF COMMITTEE: APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 tU '( C:!tJlingron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: THE SERNAS GROUP MEARNS EAST DEVELOPMENTS INC, 46 CROUGH ST." BOWMANVILLE PART LOT 7 & 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/044 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 M TO 5.69 M TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. DECISION OF COMMITTEE: APPROVE AS REQUESTED AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 til(j a. II L;!J!mglO PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: SERNAS ASSOCIATES MEARNS EAST DEVELOPMENTS INC. 36 CROUGH ST." BOWMANVILLE PART LOT 7 & 8, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/045 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 6.0 M TO 5.69 M TO PERMIT THE CONSTRUCTION OF A NEW LINKED DWELLING. DECISION OF COMMITTEE: APPROVE AS REQUESTED AS IT IS MINOR AND DESIRABLE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 019 CliJl-ilJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: 673666 ONTARIO LIMITED 673666 ONTARIO LIMITED 152 GOODWIN AV." BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2004/046 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE MINIMUM REQUIRED 6.0 METRES TO 5.01 METRES DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED UNTIL NOVERMBER 30, 2004 DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 tiGU Cl;g:-!lJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: 1441660 Ontario Inc 1441660 Ontario Inc 80 RICHFIELD SQ." COURTICE PART LOT 30, CONCESSION 9 FORMER TOWN(SHIP) OF DARLINGTON A2004/047 FILE NO.: PURPOSE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 4.40 METRES FOR AN EXISTING DWELLING. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED FOR THE REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 4.5 METRES TO 4.4 METRES AS IT IS CONSIDERED TO MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: September 30,2004 LAST DAY OF APPEAL: October 20,2004 0(;;1