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Home My WebLink AboutPSD-140-03 ~ ;. .. CJ. U L~~ REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, December 8, 2003 'D\3 Rt's'" Gf'Fl...<l-4s-o '3 Report #: PSD-140-03 File #: A2003/029, A2003/030, A2003/031, By-law #: A2003/032, A2003/033, and A2003/034, and A2003/035 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 16 AND NOVEMBER 6,2003 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-140-03 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on October 16, 2003 and November 6, 2003 for applications A2003/029, A2003/030, A2003/031, A2003/032, A2003/033, and A2003/034, and A2003/035, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: Da id . Crome, MCIP, R.P.P. Director of Planning Services ,," c .'. \ . ... (.. R . db '- ;u;......{::...... - <71. eVlewe y: '.....---/ Franklin Wu, Chief Administrative Officer AR*DJC*sh November 19, 2003 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1 C 3A6 T (905)623- 3379 F (905)623-0830 614 REPORT NO.: PSD-140-03 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. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR OCTOBER 16 AND NOVEMBER 6, 2003 Application Number Staff Decision of Committee Recommendation A2003/029 Table Approved A2003/030 Approve Approved A2003/031 Approve Approved A2003/032 Approve Approved A2003/033 Approve Approved A2003/034 Approve Approved A2003/035 Approve Approved 2.0 A2003/029 was a minor variance to permit a new dwelling in an Agricultural (A) zone with side yard setbacks of 1.2 metres instead of the required 2 metres. The lot is located on Bradshaw Street in Bowmanville. The applicant proposed to demolish an . older dwelling in poor repair and replace it with a larger new home. Staff recommended that the application be tabled to allow the applicant to pursue the option of realigning lot boundaries according to a servicing plan that was developed when the road was reconstructed in 1996. However, the applicant indicated that he preferred to have a larger lot, which would accommodate the dwelling he intended to build. Committee recommended approval of the application. Staff has no objection to this decision by Committee as it is the owner's choice to redevelop the lands according to the servicing scheme or not. 3.0 A2003/030 was to permit the construction of a single detached dwelling by reducing the required sight triangle from 7.5 by 7.5 metres to 7.5 metres by 7.07 metres. This would permit a double driveway for two outdoor parking spaces. Staff recommended that the application be approved and Committee approved the application on the condition that written notification of the decision and its conditions be provided to all purchasers by the developer and copied to the Municipality. 4.0 A2003/031 was to permit the construction of a single detached dwelling by reducing the required sight triangle from 7.5 by 7.5 metres to 7.5 metres by 6.58 metres. This would permit a double driveway for two outdoor parking spaces. Staff recommended that the application be approved and Committee approved the application on the condition that written notification of the decision and its conditions be provided to all purchasers by the developer and copied to the Municipality. - 615 " REPORT NO.: PSD-140-03 PAGE 3 5.0 A2003/032 was to permit the construction of a single detached dwelling by reducing the required sight triangle from 7.5 by 7.5 metres to 7.5 metres by 6.0 metres. This would permit a double driveway for two outdoor parking spaces. Staff recommended that the application be approved and Committee approved the application on the condition that written notification of the decision and its conditions be provided to all purchasers by the developer and copied to the Municipality. 6.0 A2003/033 was to permit the construction of a single detached dwelling by reducing the required sight triangle from 7.5 by 7.5 metres to 7.5 metres by 5.58 metres. This would permit a double driveway for two outdoor parking spaces. Staff recommended that the application be approved and Committee approved the application on the condition that written notification of the decision and its conditions be provided to all purchasers by the developer and copied to the Municipality. 7.0 A2003/034 was to permit an enclosed porch on a dwelling without an attached garage with a sideyard setback of 3.2 metres instead of the required 4.5 metres. Staff recommended that the application be approved and Committee concurred. 8.0 A2003/035 was to permit the use of an existing dwelling beyond the six month period permitted by the by-law while a second dwelling on the same lot was under construction. The applicant had entered into a letter of undertaking with the Building Division, agreeing to convert the existing dwelling into an agricultural building by removing all plumbing facilities with the exception of one tap for watering plants. This was to occur upon expiration of a six month period following issuance of a building permit for the new dwelling or upon occupancy of the new dwelling. The applicant advised more time was needed to complete the new dwelling. Staff recommended that a six month extension be permitted and Committee approved the minor variance, provided that a new certified cheque be proVided to the Building Division, according to the terms of the letter of undertaking that accompanied the original building permit application. 9.0. 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 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 616 ATTACHMENT 1 ClfJlingtDn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: ZILAVEC. KARL ZILAVEC, KARL 50 BRADSHAW ST." BOWMANVILLE PART LOT 9. CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/029 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE BOTH NORTHERLY AND SOUTHERLY INTERIOR SIDE YARD SETBACKS FROM THE REQUIRED 2.0 METRES TO 1,2 METRES TO PERMIT THE CONTRUCTION OF A SINGLE DETACHED DWELLING. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS MINOR AND DESIRABLE. DATE OF DECISION: October 16, 2003 LAST DAY OF APPEAL: November 5. 2003 , '. I D i / Cl~mglOn PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: HUNT DESIGN ASSOCIATES L1ZJAN DEVELOPMENTS INC. 290 SCOTTSDALE DR." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/030 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE REQUIRED SIGHT TRIANGLE FROM 7.5 BY 7.5 METRES TO 7.5 METRES (ALONG ELDAD DRIVE) BY 7.07 METRES (ALONG SCOTTSDALE DRIVE) TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A DOUBLE DRIVEWAY FOR TWO OUTDOOR PARKING SPACES. DECISION OF COMMITTEE: APPORVED TO REDUCE REQD SITE TRIANGLE TO 7.5M (ALONG ELDAD) BY 7.07M (ALONG SCOTTSDALE) TO PERMIT 4.83M DRIVEWAY ONLY & WRITTEN NOTIFICATION OF DECISION & ITS CONDITIONS BE PROVIDED TO ALL PURCHASERS BY DEVELOPER & COPIED TO MUNICIPALITY. DATE OF DECISION: October 16, 2003 LAST DAY OF APPEAL: November 5, 2003 6, 'J Cl~i!1gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: HUNT DESIGN ASSOCIATES L1ZJAN DEVELOPMENTS INC. 291 SCOTTSDALE DR." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/031 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE REQUIRED SIGHT TRIANGLE FROM 7.5 BY 7.5 METRES TO 7.5 METRES (ALONG ELDAD DRIVE) BY 6.58 METRES (ALONG SCOTTSDALE DRIVE) TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A DOUBLE DRIVEWAY FOR TWO OUTDOOR PARKING SPACES. DECISION OF COMMITTEE: APPORVED TO REDUCE REQD SITE TRIANGLE TO 7.5M (ALONG ELDAD) BY 6.58M (ALONG SCOTTSDALE) TO PERMIT 5.00M DRIVEWAY ONLY & WRITTEN NOTIFICATION OF DECISION & ITS CONDITIONS BE PROVIDED TO ALL PURCHASERS BY DEVELOPER & COPIED TO MUNICIPALITY. DATE OF DECISION: October 16, 2003 LAST DAY OF APPEAL: November 5,2003 6:1 Cl!Jlmgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: HUNT DESIGN ASSOCIATES L1ZJAN DEVELOPMENTS INC. 33 BROOKING ST." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/032 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE REQUIRED SIGHT TRIANGLE FROM 7.5 METRES BY 7.5 METRES TO 7.5 METRES (ELDAD DRIVE) BY 6.0 METRES (BROOKING STREET) TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING WITH A DOUBLE DRIVEWAY FOR TWO OUTDOOR PARKING SPACES. DECISION OF COMMITTEE: APPORVED TO REDUCE REQD SITE TRIANGLE TO 7.5M (ALONG ELDAD) BY 6.01 M (ALONG BROOKING) TO PERMIT 5,OOM DRIVEWAY ONLY & WRITTEN NOTIFICATION OF DECISION & ITS CONDITIONS BE PROVIDED TO ALL PURCHASERS BY DEVELOPER & COPIED TO MUNICIPALITY. DATE OF DECISION: October 16, 2003 LAST DAY OF APPEAL: November 5, 2003 62J PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: HUNT DESIGN ASSOCIATES L1ZJAN DEVELOPMENTS INC. 32 BROOKING ST." BOWMANVILLE PART LOT 9, CONCESSION 2 FORMER TOWN(SHIP) OF BOWMANVILLE A2003/033 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO REDUCE THE REQUIRED SIGHT TRIANGLE FROM 7.5 BY 7.5 METRES TO 7.5 METRES (ALONG ELDAD DRIVE) BY 5.58 METRES (ALONG BROOKING STREET) TO PERMIT THE CONTRUCTION OF A SINGLE DETACHED DWELLING WITH A DOUBLE DRIVEWAY FOR TWO OUTDOOR PARKING SPACES. DECISION OF COMMITTEE: APPORVED TO REDUCE REQD SITE TRIANGLE TO 7.5M (ALONG ELDAD) BY 5.58M (ALONG BROOKING) TO PERMIT 5.00M DRIVEWAY ONLY & WRITTEN NOTIFICATION OF DECISION & ITS CONDITIONS BE PROVIDED TO ALL PURCHASERS BY DEVELOPER & COPIED TO MUNICIPALITY. DATE OF DECISION: October 16, 2003 LAST DAY OF APPEAL: November 5, 2003 b. " t..! I, CllJl-/!]gton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: ARMITAGE, KEVIN ARMITAGE, KEVIN 3086 COURTICE RD." COURTICE PART LOT 29, CONCESSION 3 FORMER TOWN(SHIP) OF DARLINGTON A2003/034 PURPOSE: TO PERMIT AN ENCLOSED PORCH ON A DWELLING WITHOUT AN ATTACHED GARAGE WITH A SIDEYARD SETBACK OF 3.2 METRES INSTEAD OF THE REQUIRED 4,5 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED FOR AN INTERIOR SIDE YARD SETBACK OF 3.2 M TO AN ENCLOSED PORCH FOR THE EXISTING DWELLING ONLY AS IT IS MINOR IN NATURE AND WOULD NOT HAVE A DETRIMENTAL IMPACT ON THE NEIGHBOURHOOD. DATE OF DECISION: November 6,2003 LAST DAY OF APPEAL: November 26,2003 6t:' f~ a. u L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: METRAILLER, RON METRAILLER, RON 4489 OLD SCUGOG RD", DARLINGTON PART LOT 16, CONCESSION 4 FORMER TOWN(SHIP) OF DARLINGTON A2003/035 PURPOSE: TO PERMIT THE USE OF TEMPORARY LIVING QUARTERS BEYOND THE 6 MONTH PERIOD PERMITTED BY THE BY-LAW WHILE THE NEW DWELLING IS UNDER CONSTRUCTION. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT THE USE OF TEMPORARY LIVING QUARTERS FOR ANOTHER SIX (6) MONTH PERIOD TO EXPIRE ON MAY 26, 2004, PROVIDED THAT A NEW CERTIFIED CHEQUE BE PROVIDED TO THE BUILDING DIVISION. DATE OF DECISION: November 6,2003 LAST DAY OF APPEAL: November 26,2003 bi)