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HomeMy WebLinkAboutPSD-101-03 r 'l-"- ~ Cl!J!mgron REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 8, 2003 "'D.\ 3.c.o GPA- - 3l.f-0 .-03 Report#: PSD-101-03 File #: FILES: A2002/041, A2003/015, By-law #: A2003/016, A2003/017, A2003/018, A2003/019, A2003/020, A2003/021, A 2003/022, A2003/023, A2003/024, A2003/025, A2003/026 and A2003/027 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF JUNE 19, JULY 3, JULY 17, JULY 31 AND AUGUST 28, 2003 RECOMMENDA nONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-101-2003 be received; 2. THAT Council concurs with decisions of the Committee of Adjustment made on June 19, July 3, July 17, July 31, and August 28, 2003 for applications A2002/041, A2003/015, A2003/016, A2003/017, A2003/018, A2003/019, A2003/020, A2003/021, A2003/023, A2003/024, A2003/025, A2003/026 and A2003/027 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 concurs with Staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on August 28, 2003 for A2003/022, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to'defend its original recommendation. 699105 1:\ -r'" REPORT NO.: PSD-101-03 PAGE 2 vid J. Cr e, M.C.I.P. R.P.P. Director, Planning Services AR*L T*DJC*df 29 August 2003 ~ '.. , } {J~ ~-tu4 Franklin Wu Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 699106 " REPORT NO.: PSD-101-03 PAGE 3 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 FOR JUNE 19, JULY 3, JULY 17, JULY 31, AND AUGUST 28, 2003 Application Number Staff Decision of Committee Recommendation A2002/041 Table Tabled A2003/015 Deny Approved in Part . A2003/016 Approve Approved A2003/0 17 Approve Approved A2003/018 Approve Approved A2003/019 Deny/Approve in Part Denied/Approved in Part A2003/020 (shed) ApprovelDeny ApprovedlDeniedlT abled (hot tub) Deny Approved A2003/021 Approve ApprovedlT abled A2003/022 Deny Approved in Part A2003/023 Approve Approved A2003/024 Table Tabled A2003/025 Table Tabled A2003/026 Approve Approved A2003/027 Approve Approved 2. Application A2002/041 was to permit the construction of a storage building on a commercial property. It was first heard July 25, 2002. It was heard again February 6, 2003. Each time, the application was tabled to allow the applicant to meet with Staff and make application for site plan approval. As the applicant has not met with Staff for health reasons, the application was tabled again for up to 6 months. 3. Application A2003/015 was for a minor variance to reduce the required interior side yard setback to 0.6 metres (2 feet) from 1.2 metres (4 feet) to permit the construction of an attached garage on a property in Orono. Staff recommended denial of the application because the Engineering Services Department did not endorse a curb cut for a driveway entrance less than 1 metre from the projection 699107 .', ,.. REPORT NO.: PSD-101-03 PAGE 4 construction of an attached garage on a property in Orono. Staff recommended denial of the application because the Engineering Services Department did not endorse a curb cut for a driveway entrance less than 1 metre from the projection of the property line. However, Committee approved a setback for the attached garage of 0.9 metres (3 feet), as it appeared that the 1 metre minimum separation between driveway and the projection of the property line could be met. Staff is satisfied that the decision of Committee meets the requirements of the Planning Act and engineering standards for driveway locations. An appeal is not warranted. 4. Application A2003/016 was to recognize an existing single detached dwelling with an interior side yard setback of 1.14 metres instead of the required 1.2 metres. The dwelling was inadvertently constructed on a skew and located too close to the side property line. The application was approved. 5. Application A2003/017 was for a minor variance to construct a single detached dwelling by reducing the required exterior side yard setback from 6 metres to 4.5 metres for a property at the corner of Robert Adams Drive and Prestonvale Road. Staff recommended approval. Committee members had some concerns about the impact that the reduced side yard might have on visibility for drivers at the corner. As a result, they included provisions in their decision for a 14 metre by 7.5 metre sight triangle to ensure that no fences or other obstructions are located on the property in such a way as to obstruct visibility. 6. In application A2003/018, the proponent requested permission to construct a single detached dwelling with an exterior side yard of 4.43 metres instead of the required 4.5 metres. The proposed two-storey dwelling would have a double car garage. The application was approved. 7. Application A2003/019 was for a minor variance to permit the construction of an accessory building with a lot coverage for accessory structures of 157% of the habitable floor area of the dwelling instead of the 40% permitted by the by-law. The applicant requested the increase to build a 28 by 42 foot garage to store a motor home, lawn tractors, trailer and a vintage snowmobile collection. The property had two other accessory buildings on the property, a 260 square foot former barn and a 384 square foot shop. The applicant wanted additional storage in a location that would be accessible year-round. Staff did not feel the application was minor and recommended denial of the increase to allow the new structure. However, Staff recommended recognizing the existing structures at 56% lot coverage. Committee increased this amount slightly to 58% and also allowed the minor variance for any existing or new structures. 8. Application A2003/020 was heard at two meetings. Initially the applicant requested a minor variance to permit the construction of an addition to a townhouse dwelling leaving a rear yard setback of 5.2 metres instead of the required 7.5 metres. In addition, the applicant requested permission to relocate 699108 .' REPORT NO.: PSD-101.Q3 PAGE 5 an existing accessory structure leaving rear and interior side yard setbacks of 0 metres instead of the required 1.2 metres. The addition was partially completed and Staff recommended approval of it. However, Staff did not feel that the 0 metre rear and side yard setbacks for the shed were desirable and recommended denial of this portion of the application. At the meeting, the applicant indicated that he no longer needed the shed and would have it removed within the following month. Committee approved the rear yard setback to the addition but denied the new location for the shed. While visiting the site on the day before the meeting, Committee members noticed a hot tub between the addition and neighbouring townhouse unit. The application was amended to address the hot tub with a northerly side yard setback of 0 metres, and separation distances between the existing dwelling of 0.75 metres (2.5 feet) on the west side and between the proposed addition of 0.92 metres (3 feet) on the south side instead of the required 1.2 metres (4 feet). Staff recommended that the hot tub portion of the application be denied as the hot tub in this location would obstruct access via a registered maintenance easement for the abutting property owner to the north. Committee approved the hot tub in the requested location. Staff accepts the decision of Committee as the property owner to the north who would be affected by the hot tub in the proposed location did not object. Furthermore, the subject property owner has agreed to remove the hot tub as necessary for maintenance to occur. 9. Application A2003/021 related to a site plan application for a commercial development including an auto mall, restaurants and a hotel in the area between Highway 401 and Baseline Road in Bowmanville. The applicant requested a variance to permit commercial development on several blocks within the draft approved plan of subdivision with front yard setbacks of 5 metres instead of 15 metres, exterior side yard setbacks of 5 metres instead of 10 metres, a building height on Block 8 of 10.67 metres instead of 10 metres and a distances of 35 metres between the intersection of streets and site entrances instead of 50 metres. Urban design guidelines are being prepared for the development and Staff supported the reduction in front yard setback and exterior side yard setback to meet the goal of more street-oriented development. The increase in building height was for a portion of the front fa~de of a proposed automobile dealership. The spacing requirement between street line intersections and site entrance in the Zoning By-law is appropriate where access is directly onto arterial roads. In this case, all lots will be accessed from a local road. The reduction in spacing would allow greater flexibility in driveway location and promote shared entrances and service lanes between lots. All aspects of this variance were supported by Staff to implement a more appealing urban environment within the development. 699109 .' REPORT NO.: PSD-101-03 PAGE 6 Committee members allowed the minor variance only for the block for which a site plan application had been received. Committee tabled the other portions of the application for up to 6 months. 10. Application A2002/022 was heard on July 17, 2003. However, on that evening, the doors to the Municipal Administration Building were locked at the time of the meeting. As a result, only the applicant was able to appear before Committee. Her husband and neighbours arrived after the meeting had begun and were not able to enter the building. Section 45(6) of the Planning Act states that "the hearing of every application shall be held in public, and the committee shall hear the applicant and every other person who desires to be heard in favour or against the application, and the committee may adjourn the hearing or reserve its decision". As a result, it was decided that the application should be heard again to allow the requirements of the Planning Act to be met. The Committee of Adjustment heard the subject application again on August 28, 2003. Staff recommended denial of the application, which was the same recommendation as was made at the July 17th meeting, as no new information had been presented. However, Staff suggested that should Committee decide to permit side yard setbacks of 0.6 metres, Staff would accept that this reduction met the four tests of the Planning Act. The Committee allowed the application in part by permitting the construction of the deck with 0 metre side yard setbacks, and increases in lot coverage and landscaped open space necessary to achieve these setbacks. Staff does not endorse the decision of the Committee in this case. However, given limited staff resources and the expense associated with a board hearing, Staff does not feel that an appeal to the Ontario Municipal Board by the Municipality is warranted. However, should the application be appealed by another party, Staff will present evidence in support of their original recommendation. 11. Application A2003/023 was to permit the enlargement of a legal nonconforming dwelling by adding a second storey addition to a house located within a "Holding - Urban Residential Type One ((H)R1) Zone". The house was built in 1952, and the holding symbol was added in 1984, making the dwelling legal nonconforming. Staff recommended approval and the Committee approved the application. 12. Application A2003/024 was for a minor variance to permit the development of a mezzanine level storage area within an existing industrial building. The addition of this floor space increased the required parking spaces by 2 spaces. The applicant was seeking relief from the by-law requirements for 6 spaces so that future expansion was possible. Staff did not recommend approval of the application because the outside storage of goods and materials on the site is not a permitted use within the zone and 699110 .' REPORT NO.: PSD.101.03 PAGE 7 Committee followed Staffs recommendation and tabled the application for up to 12 months to allow the applicant to address zoning compliance and site plan compliance issues. 13. Application A2003/025 was to permit the construction of a 24 by 36 foot detached garage that would be 5.6 metres in height instead of the maximum 5 metres permitted by the by-law and with a lot coverage of 57% instead of 40%. The Durham Region Health Department requested more details on the size and location of the sewage system and written confirmation from the owner that there will be no water outlets in the building. The applicant was unable to provide this information for the review of the Health Department in time for the July 315\ 2003 meeting. Staff recommended and Committee concurred that the application be tabled for up to three months to allow the applicant time to provide this information. By the meeting of August 28th, 2003, the applicant had addressed the concerns of the Health Department and the application was approved. 14. In application A2003/026, the applicant requested a rear yard setback of 3 metres instead of the required 7.5 metres to construct a single detached dwelling on a wide and shallow lot in Newcastle Village. One letter of objection was received on the application from a neighbour. The neighbour had concerns that a rear yard of this size would not permit a safe play area for children. Committee allowed the minor variance for the dwelling in the location proposed and with the proposed dimensions, ensuring that the area to the west of the dwelling was left to provide an open space area. Any future additions or accessory structures would have to meet the by-law requirements. 15. Application A2003/027 was to recognize an existing dwelling constructed in 1994 with an exterior side yard of 5.4 metres instead of the required 6 metres. A minor variance had been granted at the time of construction (A94/050), however, the dwelling was mistakenly constructed too close to the road. The error was revealed through the review of a survey as title was changing and a zoning clearance letter request was submitted. Staff recommended approval and Committee approved the application. 16. Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval, with the exception of A2003/022, 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. 6991 J 1 , ~ t . REPORT NO.: PSD-101-03 PAGE 8 In the case of the decision of Committee for A2003/022, as described in Section 10, Staff does not support the decision of the Committee of Adjustment, but recommends that General Purpose and Administration Committee recommend to Council that the decision be accepted, as an appeal by the Municipality is not warranted for reasons of cost and demand on Staff resources. However, should an appeal be lodged, Staff would request that Council authorize Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated August 26, 2003. 17. At the General Purpose and Administration Committee meeting on June 2, 2003, Jean-Michel Komarnicki, Chair of the Committee of Adjustment, appeared as a delegation to present a list of issues and suggestions, based on the experiences of Committee of Adjustment members in the implementation of the current Zoning By-law and current administrative practices relating to the minor variance process. The matter was referred to the Director of Planning Services by General Purpose and Administration Committee. Planning Services Staff will investigate Mr. Komarnicki's suggestions, which he discusses under the following subject headings, as part of the review for the forthcoming Zoning By-law: . Lot Coverage . Accessory Building Size and Lot Size . Small Garden Shed or Storage Sheds on Urban Lots . Definition of Decks . Standardizing the Calculation of Measurements for Setbacks Staff is currently investigating the issues of conditions of disclosure, compliance with and enforcement of Committee's decisions, higher fees for repeat applications, and methods to obtain more detailed information from other departments regarding rationale for denial. Staff will report back to Council on these issues in future reports. Attachments: Attachment 1 - Periodic Report of the Committee of Adjustment 699112 ATTACHMEm 1 CllJ!ilJgtOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: SWAN, ROGER SWAN, ROGER 2320 HOLT RD." DARLINGTON PART LOT 21, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/041 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 SIX MONTHS TO ALLOW THE P.PPLlCANT TO MEET WITH STAFF AND SUBMIT FOR SITE PLAN APPROVAL. DATE OF DECISION: August 28. 2003 LAST DAY OF APPEAL: September 17, 2003 699 i 13 Clfll-!!Jgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: WATTS, BOB & RUTH OSTANDER, DONALD & SHERRY 76 DAVIDS CR., , ORONO PART LOT 28, CONCESSION 5 FORMER TOWN(SHIP) OF CLARKE A2003/015 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT CONSTRUCTION OF AN ATTACHED GARAGE WITH A SIDE YARD SETBACK OF 0.6 METRES (2 FEET) INSTEAD OF THE 1.2 METRES (4 FEET) REQUIRED BY THE ZONING BY-LAW. DECISION OF COMMITTEE: THAT THE APPliCATION BE APPROVED TO PERMIT A SIDE YARD SETBACK OF 0.9 METRES (3 FT) INSTEAD OF THE 1.2 METRES (4 FT) REQUIRED AS IT IS MINOR AND DESIRABLE. DATE OF DECISION: June 19.2003 LAST DAY OF APPEAL: July 9,2003 699114 '.' Cl!J!il1glOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: J.D. BARNES L TO CLARNEW DEVELOPMENTS INC. 73 BLOOM AV." NEWCASTLE VILLAGE PART LOT 26, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE A2003/016 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO RECOGNIZE AN EXISTING DWELLING WITH AN INTERIOR SIDE YARD SETBACK OF 1.14 INSTEAD OF THE REQUIRED 1.20 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION TO RECOGNIZE AN EXISTING DWELLING WITH AN INTERIOR SIDE YARD SETBACK OF 1.14 METRES INSTEAD OF THE REQUIRED 120 METRES BE APPROVED, AS PER STAFF RECOMMENDATION. DATE OF DECISION: June 19, 2003 LAST DAY OF APPEAL: July 9, 2003 699! 15 Cl!J!mglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: 1413345 Ontario Inc OWNER: 1413345 Ontario Inc PROPERTY LOCATION: 1 ROBERT ADAMS DR.,. COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2003/017 PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.5 M INSTEAD OF THE REQUIRED 6.0 M. DECISION OF COMMITTEE: THAT THE APPLICATION TO REDUCE EXTERIOR SIDE YARD TO 4.5 M BE APPROVED PROVIDED A 14M (PRESTONVALE) BY 7.5M (ROBERT ADAMS) SIGHT TRIANGLE WITH NO OBSTRUCTIONS HIGHER THAN 0.75M IS MAINTAINED & THIS 14M X 7.5M SIGHT TRIANGLE DATE OF DECISION: June 19, 2003 LAST DAY OF APPEAL: July 9, 2003 699! 16 ~!~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: D.G. BIDDLE AND ASSOC. L TO HALMINEN HOMES L TO 2 BELLMAN CT.,. COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2003/018 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.43 M INSTEAD OF THE 4.50 M REQUIRED. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR AND DESIRABLE. DATE OF DECISION: June 19, 2003 LAST DAY OF APPEAL: July 9,2003 699117 ClfJIingron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: DUQUETTE, JAMIE DUQUETTE, JAMIE 3767 CONCESSION RD 4 , CLARKE PART LOT 23, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE A2003/019 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE TOTAL LOT COVERAGE FOR ALL ACCESSORY BUILDINGS FROM THE MAXIMUM PERMITTED 40% TO 157%. DECISION OF COMMITTEE: THAT THE APPLICATION TO CONSTRUCT A 1176 SQ.FT STORAGE BUILDING BE DENIED AS IT IS NOT MINOR OR DESIRABLE, BUT THAT A MINOR VARIANCE BE AWARDED TO ALLOW ACCESSORY STRUCTURES (NOT NECESSARILY EXISTING) AT 58% OF TOTAL HABITABLE FLOOR AREA OF DWELLING. DATE OF DECISION: June 19, 2003 LAST DAY OF APPEAL: July 9, 2003 699118 Cl~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ABRAHAM, ROB OWNER: ABRAHAM, ROB. PROPERTY LOCATION: 45 RICHFIELD SQ., COURTICE PART LOT 30, CONCESSION 3, FORMER TOWNSHIP OF DARLINGTON FILE NO.: A2003/020 PURPOSE: TO RECOGNIZE AN EXISTING ADDITION TO A STREET TOWNHOUSE DWELLING WITH A REAR YARD SETBACK OF 5.2 METRE INSTEAD OF THE REQUIRED 7.5 METRES AND TO PERMIT THE LOCATION OF AN ACCESSORY STRUCTURE WITH REAR AND INTERIOR SIDE SETBACKS OF 0 METRES INSTEAD OF THE REQUIRED 1.2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION FOR REAR YARD SETBACK OF 5.2 M BE APPROVED AND THAT THE APPLICATION FOR SIDE AND REAR YARD SETBACKS OF 0 M BE DENIED AND THAT THE SHED BE MOVED INTO A LOCATION THAT COMPLIES WITH THE ZONING BY-LAW BY JULY 15,2003 AND THAT THE APPLICATION BE AMENDED TO ADDRESS THE NEW HOT TUB AND THIS PORTION OF THE APPLICATION BE TABLED FOR UP TO THREE MONTHS. DATE OF DECISION: June 19,2003 LAST DAY OF APPEAL: July 8, 2003 699 i 19 ~!~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: ABRAHAM, ROB ABRAHAM,ROB 45 RICHFIELD SQ." COURTICE PART LOT 30, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2003/020 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT A HOT TUB WITH A NORTHERLY SIDE YARD SETBACK OF 0 M, AND SEPARATION DISTANCES BETWEEN THE EXISTING DWELLING OF 0.75 M (2.5 FEET) ON THE WEST SIDE AND BETWEEN THE PROPOSED ADDITION OF 0.92 M (3 FEET) ON THE SOUTH SIDE. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE HOT TUB ONLY IN THE LOCATION REQUESTED BECAUSE IT IS MINOR AND DESIRABLE. DATE OF DECISION: July 17, 2003 LAST DAY OF APPEAL: August 6, 2003 699120 Clw:inglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: A2003/021 WAVERLY ROAD PROPERTIES INC. D. G. BIDDLE & ASSOCIATES LIMITED PART LOT 14, BROKEN FRONT CONCESSION, FORMER TOWN OF BOWMANVILLE A2003/005 APPLICATION NO.: OWNER: APPLICANT: LOCATION: PURPOSE: TO PERMIT A COMMERCIAL DEVELOPMENT (AUTO MALL) WITH FRONT YARD SETBACKS OF 5.0 METRES INSTEAD OF THE REQUIRED 15.0 METRES; EXTERIOR SIDE YARD SETBACKS OF 5.0 METRES INSTEAD OF THE REQUIRED 10 METRES; A BUILDING HEIGHT ON BLOCK 8 OF 12.2 METRES INSTEAD OF THE REQUIRED 10 METRES; AND DISTANCES OF 35 METRES BETWEEN THE INTERSECTIONS OF STREETLlNES AND THE SITE ENTRANCES FOR BLOCKS 1, 2, 3, 8, 9, AND 10 INSTEAD OF THE REQUIRED 50 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION FOR THE INCREASE IN HEIGHT TO 10.67 METRES FOR THE 4.25 METRE WIDE SECTION OF THE BUILDING FA<;:ADE ON BLOCK 8 BE APPROVED; THAT THE DISTANCES BETWEEN INTERSECTION OF STREELlNES AND SITE ENTRANCE FOR BLOCK 8 BE REDUCED TO 35 METRES; THAT THE FRONT YARD SETBACK BE REDUCED TO 5.0 METRES MINIMUM AND THE EXTERIOR SIDE YARD SETBACK BE REDUCED TO 5.0 METRES MINIMUM; AND THAT THE REMAINDER OF THE APPLICATION BE TABLED FOR UP TO 6 MONTHS. DATE OF DECISION: July 3, 2003 LAST DAY OF APPEAL: July 28, 2003 699121 ClEJlmgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: WRAY, ANITA WRAY, ANITA 70 CARVETH CR." NEWCASTLE VILLAGE PART LOT 29, CONCESSION BF FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE A2003/022 PURPOSE: TO PERMIT AN UNENCLOSED DECK WITH 0 M SIDE YARD SETBACKS INSTEAD OF REQ. 1.2 M, A REAR YARD SETBACK OF 0 M INSTEAD OF REQ. 2.6 M, A REDUCTION IN LANDSCAPED OPEN SPACE TO 22% INSTEAD OF REQ. 30% & AN INCREASE IN TOTAL COVERAGE TO 69% INSTEAD OF 60%. DECISION OF COMMITTEE: THAT THE APPLICATION FOR AN UNENCLOSED DECK BE APPROVED TO ALLOW SIDE YARD SETBACKS OF 0 M INSTEAD OF 1.2 M, A TOTAL LOT COVERAGE OF 64% INSTEAD OF THE REQUIRED 60%, AND LANDSCAPED OPEN SPACE OF 26.5% INSTEAD OF THE MINIMUM REQUIRED 30%. DATE OF DECISION: August 28,2003 LAST DAY OF APPEAL: September 17, 2003 699122 Cl~mgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: STRIKE, SALMERS & FURLONG MERKAC, GREG 1709 HIGHWAY 2 , COURTICE PART LOT 29, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2003/023 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE ENLARGEMENT OF A LEGAL NONCONFORMING STRUCTURE BY ADDING A SECOND STOREY TO A HOUSE LOCATED WITHIN A "HOLDING - URBAN RESIDENTIAL TYPE ONE ((H) R1) ZONE". DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE ENLARGEMENT OF THE DWELLING BY ADDING A SECOND STOREY AS THE APPLICATION IS MINOR IN NATURE AND WILL NOT HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD. DATE OF DECISION: July 17, 2003 LAST DAY OF APPEAL: August 6, 2003 699123 Cl~mgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: 3416674 CANADA INC. 3416674 CANADA INC. 422 LAKE RD." BOWMANVILLE PART LOT 8, CONCESSION BF FORMER TOWN(SHIP) OF DARLINGTON A2003/024 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE DEVELOPMENT OF A 101.38 SQ.M MEZZANINE LEVEL STORAGE AREA WITHIN AN EXISTING INDUSTRIAL DEVELOPMENT BY REDUCING THE REQUIRED PARKING SPACES TO 90 FROM THE REQUIRED 96. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO 12 MONTHS AS PER STAFF RECOMMENDATIONS TO ALLOW THE APPLICANT TIME TO REMOVE THE OUTSIDE STORAGE AND ENTER INTO A MORE DETAILED DISCUSSION WITH STAFF REGARDING SITE PLAN COMPLIANCE. DATE OF DECISION: July 31,2003 LAST DAY OF APPEAL: August 20,2003 699:24 ~{;gjygron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: WHALEN, TIM WHALEN, TIM 5757 OLD SCUGOG RD." HAMPTON PART LOT 18, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2003/025 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF AN 80.3 SQ M DETACHED GARAGE 5.6 M IN HEIGHT INSTEAD OF THE MAXIMUM 5 M AND WITH A TOTAL LOT COVERAGE FOR ACCESSORY STRUCTURES OF 57% OF THE HABITABLE SQUARE FOOTAGE OF THE DWELLING INSTEAD OF THE MAXIMUM ALLOWABLE 40%. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR UP TO THREE MONTHS TO ALLOW THE APPLICANT TO ADDRESS THE REQUIREMENTS OF THE DURHAM REGION HEALTH DEPARTMENT. DATE OF DECISION: July 31,2003 LAST DAY OF APPEAL: August 20, 2003 699125 PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: WHALEN, TIM WHALEN, TIM 5757 OLD SCUGOG RD., , HAMPTON PART LOT 18, CONCESSION 5 FORMER TOWN(SHIP) OF DARLINGTON A2003/025 PURPOSE: TO PERMIT CONSTRUCTION OF AN 80.3 SQ M DETACHED GARAGE 5.6 M IN HEIGHT INSTEAD OF THE MAXIMUM 5 M AND WITH A TOTAL LOT COVERAGE FOR ACCESSORY STRUCTURES OF 57% OF THE HABITABLE SQUARE FOOTAGE OF THE DWELLING INSTEAD OF THE MAXIMUM ALLOWABLE 40%. DECISION OF COMMITTEE: THAT THE APPLICATION TO PERMIT CONSTRUCTION OF A DETACHED GARAGE 5.6 M IN HEIGHT AND 57% LOT COVERAGE BE APPROVED. DATE OF DECISION: August 28,2003 LAST DAY OF APPEAL: September 17, 2003 699126 ClEJlmgtOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: IVAN B. WALLACE MARGREENINVESTMENTS 82 EDWARD ST.E." NEWCASTLE VILLAGE PART LOT 28, CONCESSION 1 FORMER TOWN(SHIP) OF CLARKE A2003/026 PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A REAR YARD SETBACK OF 3.0 METRES INSTEAD OF THE REQUIRED 7.5 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A REAR YARD SETBACK OF 3.0 M, ESSENTIALLY IN ACCORDANCE WITH THE PLAN OF SURVEY ON FILE BY IVAN B. WALLACE, OLS, DATED FEB. 17,2003. DATE OF DECISION: August 28, 2003 LAST DAY OF APPEAL: September 17, 2003 699127 ClEJl-!lJgtOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: HAMILTON, IRWIN DESROCHERS, MICHAEL & PAMELA 91 FREELAND AV." BOWMANVILLE PART LOT 10, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/027 FILE NO.: PURPOSE: TO OBTAIN FURTHER RELIEF FROM THE PERMITTED 5.65 M (A94/050) GRANTED ON NOV. 3,1994, THEREBY RECOGNIZING THE EXISTING EXTERIOR SiDE YARD SETBACK OF 5.40 M INSTEAD OF 6 M REQUIRED BY THE ZONING BY-LAW. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO RECOGNIZE THE EXISTING EXTERIOR SIDE YARD SETBACK OF 5.4 M INSTEAD OF 6 M. DATE OF DECISION: August 28,2003 LAST DAY OF APPEAL: September 17, 2003 699128