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Home My WebLink AboutPSD-069-03 ,... ~' CJ. 0 L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Report #: PSD-069 -03 File#: v/3-C-o r;fJA -{l7 J- 03 By-law #: Date: Monday, June 16,2003 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF MAY 29, 2003 FILES: A2003/002, A2003/011, A2003/012, A2003/013 and A2003/014 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-069-03 be received; and 2. THAT Council concurs with decisions of the Committee of Adjustment made on May 29, 2003 for applications A2003/002, A2003/011, A2003/012, A2003/013 and A2003/014 and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Da' , rome, MCIP, R.P,P, Director of Planning Services Reviewed bY:c:J ~-v" ~ Franklin Wu, Chief Administrative Officer AR*DJC*sh June 3, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 613 . . REPORT NO.: PSD-069-03 PAGE 2 1.0 APPLICATION DETAILS 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. Application Number Staff Recommendation Decision of Committee A2003/002 Approve Approved A2003/011 Approve Approved A2003/012 Table Tabled A2003/013 Table Tabled A2003/014 Table Tabled DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MAY 29, 2003 2.0 Application A2003/002 was for a minor variance to reduce the required setbacks between zones occurring on the same lot. Zoning By-law 84-63 requires that zone boundaries be treated as lot lines. The application was to reduce the interior side yard setback from 5 metres to 0 and to reduce the rear yard setback from 7.5 metres to zero, Although no new buildings were proposed, the proposed use (a salvage auto auction) was treated as a building and the setbacks would be applied to the storage of the vehicles. The application was for the area between zones only; the setbacks will continue to apply around the perimeter of the site, This application was tabled from the February 6, 2002 meeting to allow for the resolution of site plan issues, By the Committee's meeting date, the conditions of site plan approval had been agreed to and thus the application for minor variance was approved. 3.0 Application A2003/011 was for a minor variance to permit the construction of a single detached dwelling with a total lot coverage of 45% instead of the permitted maximum of 40%. This application had been tabled from the May 8. 2003 meeting to allow the applicant to appear before Committee. The applicant, who represented the builder, and the purchaser attended the May 29th meeting. The applicant explained that this dwelling had been designed to meet the needs of the client, who has limited mobility and faces accessibility challenges. Committee had concerns about whether a bungalow of this 614 '-- ~ REPORT NO.: PSD-069-03 PAGE 3 massing was compatible with the neighbourlhood. In the end, Committee approved the application with conditions that an addendum be made to the existing agreement of purchase and sale acknowledging the existence of the minor variance and that the same be attached to any future sales agreements so that future buyers will be aware of Committee's decision, 4.0 Applications A2003/012, A2003/013 and A2003/014 were submitted by the same developer for reductions in exterior side yards. However, the selected models and sitings had not been reviewed by the control architect for conformity with the General Architectural Design Guidelines for development in new subdivisions. Because the lots are all corner lots, the Guidelines require that the dwellings feature more prominent architectural features. These may include wraparound porches, enhanced window treatments, or more detailed entry features. The applicant presented preliminary comments from the architect at the meeting. Changes to models were suggested which will necessitate that new public notice be given under the requirements of the Planning Act. A neighbour was in attendance at the meeting and voiced strong opposition to all of the requested reductions in exterior side yard, Staff recommended tabling the applications until the control architect has approved the model and siting of each of the dwellings and until public notice for each of the revised applications is given under the requirements of the Planning Act. The applications were tabled by Committee for up to three months to allow for this to occur. 5.0 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 of the Committee of Adjustment 615 ATTACHMENT 1 CJ!Jlmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: TUNNEY PLANNING (KEVIN TUNNEY) 1151223 ONTARIO LIMITED 175 OSBOURNE RD." COURTICE PART LOT 26, CONCESSION BFC FORMER TOWN(SHIP) OF DARLINGTON A2003/002 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 5.0 METRES TO 0 METRES AND REDUCE THE REAR YARD SETBACK FROM 7.5 METRES TO 0 METRES TO ALLOW THE ZONE BOUNDARY REQUIREMENTS TO BE MET FOR A LOT WITH MULTIPLE ZONES. DECISION OF COMMITTEE: THAT THE APPLICATION TO REDUCE THE INTERIOR SIDE YARD SETBACK FROM 5.0 M TO 0 METRES AND THE REAR YARD SETBACK FROM 7.5 METRES TO 0 METRES BE APPROVED AS APPLIED FOR. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18, 2003 616 ,- CJaL- II [.ea4ingt~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: CROSSLAND HOMES OWNER: CROSSLAND HOMES PROPERTY LOCATION: 337 LONGWORTH AV." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2003/011 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A TOTAL LOT COVERAGE OF 45% INSTEAD OF THE PERMITTTED MAXIMUM OF 40%1 DECISION OF COMMITTEE: THAT DUE TO UNIQUE & SPECIAL CIRCUMSTANCES INHERENT IN LOT 46, 40M-2096, APPROVAL OF INCREASE LOT COVERAGE TO 45% IS GRANTED WITH CONDITION THAT AN ADDENDUM BE MADE TO EXISTING SALES AGREEMENT THAT ACKNOWLEDGES EXISTENCE OF MINOR VARIANCE & REQUIREMENT THAT ADDENDUM BE ATTACHED TO ANY & ALL FUTURE SALES AGREEMENTS OF PROPERTY. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18, 2003 617 a. fl L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 39 SQUIRE FLETCHER DR." BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/012 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.3 METRES INSTEAD OF THE REQUIRED 6.0 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18,2003 618 Clfll-!lJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 78 SQUIRE FLETCHER DR.,. BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/013 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.3 METRES INSTEAD OF THE REQUIRED 6.0 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18,2003 619 f/ -> Cl~-!l1gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: PENWEST DEVELOPMENT CORP. PENWEST DEVELOPMENT CORP. 1 SQUIRE FLETCHER DR." BOWMANVILLE PART LOT 9, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/014 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 5.3 METRES INSTEAD OF THE REQUIRED 6.0 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW FOR THE CONTROL ARCHITECT'S REVIEW AND APPROVAL AND TO ALLOW FOR NEW PUBLIC NOTICE. DATE OF DECISION: May 29,2003 LAST DAY OF APPEAL: June 18,2003 620