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Home My WebLink AboutPSD-153-04 .. ~ Cl~mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday December 6, 2004 Report #: PSD-153-04 File #: A2004/029, A2004/041 , A2004/046, A2004/053, A2004/054, A2004/055, A2004/056 and A2004/057 ~a;:f/IJ-lf'if:/-OL( Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 11, 2004 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-153-04 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on November 11, 2004 for applications A2004/029, A2004/041, A2004/046, A2004/053, A2004/054, A2004/055, and A2004/056 and A2004/057; 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:L~ ~ Franklin Wu, Chief Administrative Officer a i :J, Crome, MCIP, R.P.P. Director of Planning Services TW*CS*DJC*sh November 18, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623~0830 019 REPORT NO.: PSD-153'()4 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 NOVEMBER 11, 2003 Application Number Staff Recommendation Decision of Committee A2004/029 Approve Tabled A2004/041 Approve Approved A2004/046 Approve Approved A2004/053 Approve Approved A2004/054 Approve Approved A2004/055 Table Approved A2004/056 Approve with conditions Approved with conditions A2004/057 Table Tabled 2.0 COMMENTS 2.1 A2004/029 was an application to reduce the rear and interior side yard setbacks from 1.2 metres to 0 metres for a pool deck, reduce the interior side yard setback from 1.2 metres to 0.2 metres for a shed, and to reduce the interior side yard setback from 1.2 metres to 0 metres for a deck in the side yard. The application was previously heard on August 19, 2004. Originally, the applicant requested that the rear and side yard setback for the pool deck be reduced from 1.2 metres to 0 metres. The Committee tabled the application for three (3) months to provide the applicant with the opportunity to revise the application. The Committee felt that the application could be modified further, and tabled the application to the November 25, 2004 meeting. 2.2 Application A2004/055 requested a reduction in the minimum required parking spaces from 150 to 145. The application was submitted to recognize an outdoor play area that was installed in the parking area for a day care centre. Staff recommended that the application be tabled for a three (3) month period to provide the applicant with the ti5U REPORT NO.: PSD-153-04 PAGE 3 opportunity to submit a site plan application to amend the existing site plan agreement and to complete a parking study. The Committee decided to approve the request given the minor nature. Although the Committee approved the variance, the owner is required to submit a site plan amendment application in accordance with the Municipality's Site Plan Control By-law. 2.3 Application A2004/057 was requested to permit a reduction in the rear and side yard setbacks from 1.2 metres to 0.6 metres for an existing shed. When Staff conducted a site inspection it was determined that the request was based on an inaccurate measurement. The applicant measured the setback from the footprint of the accessory structure and not from the eaves as required by the Zoning By-law. Staff recommended that the application be tabled to the November 25, 2004 meeting to provide time to revise the variance request. The Committee concurred with Staff's recommendation. 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 051 ATTACHMENT 1 , CJ - 111 L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: ROBINSON, DAVID ROBINSON, THOMAS 7 GOLDPINE AV." COURTICE PART LOT 31, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2004/029 PURPOSE: REDUCE THE REAR AND INTERIOR SIDE YARD SETBACKS FROM 1,2M TO 0.6M FOR A POOL DECK; REDUCE THE INTERIOR SIDE YARD FROM 1.2M TO 0.2M FOR A SHED; AND, REDUCE THE INTERIOR SIDE YARD SETBACK FROM 1.2M TO OM FOR A DECK. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NOVEMBER 25,2004 MEETING OF THE COMMITTEE OF ADJUSTMENT DATE OF DECISION: November 11 , 2004 LAST DAY OF APPEAL: December 1,2004 iJJ~ ClfllinglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: GRAJEN VILLAGE GRAJEN VILLAGE 59 HARMER DR., , NEWCASTLE VILLAGE PART LOT 27, CONCESSION 1 FORMER TOWN(SHIP} OF NEWCASTLE VILLAGE A2004/041 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 APPROVED AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1,2004 u J ,j '" q;g-!pn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO,: 673666 ONTARIO LIMITED 673666 ONTARIO LIMITED 152 GOODWIN AV." BOWMANVILLE PART LOT 11, CONCESSION 2 FORMER TOWN(SHIP} OF BOWMANVILLE A2004/046 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 APPROVED FOR A REDUCTION IN THE EXTERIOR SIDE YARD SETBACK FROM 6,0 METRES TO 4,99 METRES DATE OF DECISION: November 11,2004 LAST DAY OF APPEAL: December 1,2004 U;) Ii CJaIj- · II L.adillgt~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: SCHILLINGS, HARRY 762224 ONTARIO LTD. 8262 HIGHWAY 35/115 SOUTHBOUND, CLARKE PART LOT 24, CONCESSION 8 FORMER TOWN(SHIP) OF CLARKE A2004/053 PURPOSE: TO WIDEN THE EXISTING SOUTHERN ENTRANCE FROM THE MAXIMUM PERMITTED WIDTH OF 10 METRES TO 15 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE OFFICIAL PLAN AND ZONING BY-LAW DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1,2004 U ,)a '. CJ ,.. -. ...' II 1';~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: VELTRI & SON L TD VELTRI & SON L TD 8169 LANGSTAFF RD." CLARKE PART LOT 4, CONCESSION 8 FORMER TOWN(SHIP} OF CLARKE A2004/054 PURPOSE: TO REDUCE THE MINIMUM REQUIRED LOT AREA FROM 40 HA TO 39.4 HA. DECISION OF COMMITTEE: APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN DATE OF DECISION: November 11,2004 LAST DAY OF APPEAL: December 1,2004 {) ~) ~j CJaL. '..' lH Leadillg t1!JglO PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: HOUSER, HENRY & SYRON LLP 2727 COURTICE ROAD INC. 2727 COURTICE RD." COURTICE PART LOT 28, CONCESSION 2 FORMER TOWN(SHIP} OF DARLINGTON A2004/055 PURPOSE: TO REDUCE THE MINIMUM REQUIRED PARKING SPACES FROM 150 TO 145. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION AS APPLIED FOR AS IT IS MINOR AND DESIRABLE IN NATURE AND MEETS THE INTENT OF THE ZONING BY-LAW AND OFFICIAL PLAN DATE OF DECISION: November 11 , 2004 LAST DAY OF APPEAL: December 1,2004 t),; ij , Cl!J!-mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: GLEN SCHNARR & ASSOCIATES INC. OWNER: GERR HOLDINGS LIMITED PROPERTY LOCATION: 219 KING STREET EAST, BOWMANVILLE PART LOT 10, CONCESSION 1 FORMER TOWN(SHIP} OF DARLINGTON FILE NO.: A2004/056 PURPOSE: TO REDUCE THE MINIMUM REQUIRED PARKING SPACES FROM 76 TO 67 AND RECOGNIZE THE EXISTING REAR YARD SETBACK OF 4,6 METRES FROM THE MINIMUM REQUIRED 5 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO REDUCE THE REAR YARD SETBACK FROM 5.0 METRES TO 4,6 METRES AND TO REDUCE THE REQUIRED PARKING SPACES TO 67 PROVIDED THAT THE FOLLOWING USES ARE PROHIBITED FROM DEVELOPING ON THE SITE: ASSEMBLY HALL; PLACE OF ENTERTAINMENT; COMMERCIAL SCHOOL; TAVERN; THEATRE AND PRIVATE CLUB GREATER THAN 225 M2, DATE OF DECISION: November 11, 2004 LAST DAY OF APPEAL: December 1,2004 () ,; .) CJlJl-!gglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: MACDONALD, STEPHEN MACDONALD, JOYCE 226 RICHFIELD SQ., , COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP} OF DARLINGTON A2004/057 FILE NO.: PURPOSE: TO REDUCE THE REQUIRED SIDE YARD AND REAR YARD SETBACKS FOR AN ACCESSORY BUILDING FROM 1.2 METRE TO 0.6 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO THE NOVEMBER 25,2004 MEETING. DATE OF DECISION: November 11,2004 LAST DAY OF APPEAL: December 1, 2004 U ,j U