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Home My WebLink AboutPSD-008-02 .. Cl~mglOn REPORT PLANNING SERVICES DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, February 4,2002 y} Sea Resolution #(If/-03~();2- Report #: PSD-008-02 File:A2001/066, By-law #: A2001/067, AND A2002/001 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF JANUARY 17, 2002 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-008-02 be received; and 2. THAT Council concur with decisions of the Committee of Adjustment made on January 17, 2002 for applications A2001/066, A2001/067, and A2002/001, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: D i J Crome, M.C.I.P"R.P.P. Director, Planning Services R,,;ew,d 'yO ~-'.> Cc:Ji<- r nklin Wu Chief Administrative Officer SA*DJC*SH January 21, 2002 601 , REPORT NO.: PSD-008-02 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 applications and the Committee's decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR JANUARY 17, 2002 Application Number Staff Recommendation Decision of Committee A2001/066 Approve Approved A2001/067 Approve Approved A2002/001 Approve Approved 2.0 Application A2001/066 was an application to add a proposed addition to an existing building and to recognize an existing addition (constructed in 2000), to the same building on a property that contains a legal non-conforming use ( a motor vehicle wrecking yard). The addition will enclose 650 m2 portion of an existing motor vehicle wrecking yard currently used to dismantle automobiles, within a building, for protection of automotive parts, employees and equipment. A petition was submitted containing the signatures of the owners of two abutting properties, The owners of both properties also attended the Committee of Adjustment meeting and spoke in objection to the application. A third abutting property owner also attended the meeting and spoke in objection to this application, In their comments to the Committee of Adjustment all the property owners stated that the current owner of the motor vehicle wrecking yard has greatly improved the property since purchasing it in 1999. Despite this, however, they would prefer to have the use move rather than stay. The wrecking yard has been in existence continuously since 1951, and has legal non-conforming status under Zoning By- law 84-63, The owner stated to Committee that his intention is to continue to 6G2 , REPORT NO.: PSD.008.02 Page 3 operate the wrecking yard in its current location until residential development extends northward from Bowmanville to his property. At that time he is interested in participating in the redevelopment of the subject property to residential uses. The Committee of Adjustment granted approval of the minor variance and this approval was consistent with Staffs recommendations. Any owner, applicant or interested party has the opportunity to file an appeal to the Ontario Municipal Board if they so wish. As per the Planning Act, all interested parties were mailed a copy of the decision and the procedure for appeal following the meeting. 3,0 The applicant amended application A2001/067, at the December 13, 2001 Committee meeting, after Staff noted during a site inspection a set of basement steps that did not meet the required interior side yard setback requirements. The amended portion of the application was re-circulated, a new sign erected and new public notice given for a Committee of Adjustment meeting held on January 17, 2002, 4.0 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. Attachment 1 -Periodic Report for Committee of Adjustment CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905) 623-3379 F (905)623-0830 603 ATTACHMENT 1 # Cl~-!ggron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: ARMSTRONG HARRISON ASSOCIATES AFANA, ABRAHAM 2532 CONCESSION RD 3 , BOWMANVILLE PART LOT 13, CONCESSION 3 FORMER TOWN(SHIP) OF BOWMANVILLE A2001/066 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT EXPANSION OF A LEGAL NON-CONFORMING AUTO WRECKERS USE IN THE AGRICULTURAL EXCEPTION (A-1) ZONE BY PERMITTING CONSTRUCTION OF 650.3 SO M ADDITION & TO RECOGNIZE AN EXISTING 75 SO M ADDITION TO A STORAGE BUILDING CONSTRUCTED IN 2000. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS APPLIED FOR SUBJECT TO SITE PLAN APPROVAL AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE AND DESIREALBE. DATE OF DECISION: January 17, 2002 LAST DAY OF APPEAL: February 6,2002 604 CJaL. fl Leading t11Jgro PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: GAUDREAULT,ANDRE GAUDREAULT,ANDRE 86 SANDRINGHAM DR." COURTICE PART LOT 32, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2001/067 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO RECOGNIZE AN EXISTING SET OF BASEMENT STEPS WITH AN INTERIOR SIDE YARD SETBACK OF 0.91 METRES INSTEAD OF THE MINIMUM REQUIRED 1.2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AT 0.91 M FOR THE BASEMENT STEPS AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE AND DESIRABLE. DATE OF DECISION: January 17, 2002 LAST DAY OF APPEAL: February 6,2002 605 , . CJaIj. fl Leadingl~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT FILE NO.: New Castle Drafting GENTILE, STEPHEN & JOANNE 3097 GRAHAM RD." CLARKE PART LOT 18, CONCESSION 3 FORMER TOWN(SHIP) OF CLARKE A2002/00 1 APPLICANT: OWNER: PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING, CONSISTING OF AN ATTACHED TWO CAR GARAGE & MUDROOM, BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 10 METRES TO 1.2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AT 1.2 M FOR THE ADDITION AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE AND DESIRABLE, DATE OF DECISION: January 17, 2002 LAST DAY OF APPEAL: February 6,2002 606