HomeMy WebLinkAboutPSD-093-02
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REPORT
PLANNING SERVICES
Meeting:
GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date:
Monday, September 23,2002
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Report #: PSD-093-02
File #: A2002/045, A2002/046, By-law #:
A2002/051 to A2002/060, Inclusive
Subject:
MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT
FOR THE MEETING OF SEPTEMBER 12, 2002
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PSD-093-02 be received;
2, THAT Council conCurs with decisions of the Committee of Adjustment made on
September 12, 2002 for applications A2002/045, A2002/046, A2002/051 to
A2002/060, inclusive 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 . Crome, M.C,I.P"RP.P.
Director, Planning Services
Reviewed by:
u ~~~-
Franklin Wu
Chief Administrative Officer
SA*CP*DC*df
16 September 2002
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623- 3379 F (905)623-0830
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REPORT NO.: PSD.093.02
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 No.1. The decisions of the Committee are detailed
below.
DECISIONS OF COMMITTEE OF ADJUSTMENT FOR
SEPTEMBER 12, 2002
APPLICATION NUMBER STAFF DECISION OF
RECOMMENDATION COMMITTEE
A2002/045 Approve Approved
A2002/046 Approve Approved
A2002/051 Approve Approved with conditions
A2002/052 Approve Approved
A2002/053 Table Tabled
A2002/054 Approve Approved
A2002/055 Approve Approved
A2002/056 Approve Approved
A2002/057 Approve Approved
A2002/058 Approve Approved
A2002/059 Approve Approved
A2002/060 Approve Approved
1.2 Application A2002/045 was previously heard on August 8, 2002 and TABLED as
neighbouring property owners raised concerns that construction of the inground
swimming pool had blocked the approved drainage flow of a number of
surrounding subdivision lots. The applicant removed the majority of the new fill
from around the pool and regraded the rear yard. Engineering Services staff
inspected the property and were satisfied that surface drainage of the
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REPORT NO.: PSD-D93.02
PAGE 3
neighbouring subdivision lots were no longer affected, The application received
approval.
1.3 Application A2002/046 was previously heard on August 8, 2002 and TABLED to
permit additional time for the applicant to consider other locations on the property
for the shed(s). The applicant has relocated the tallest shed to the rear yard, and
Committee was satisfied that the location of all the sheds were no longer
detrimental to the neighbourhood. The application was approved.
1.4 Application A2002/051 was filed to recognize four accessory buildings and
structures totaling 98% of the floor area of the existing dwelling. This application
had been previously applied for in 1997, 2001 and 2002. In 1997 approval was
given for a detached garage and garden shed totaling 48% of floor area of the
dwelling. In November 2001 the application received approval for a detached
garage, garden shed, pool deck, play structure and tree fort totaling 109%,
subject to the application obtaining building permits for all accessory bUildings
and structures greater than 10m2 in area (Ontario Building Code), within 90 days
of Committee's decision. The applicant did not apply for or obtain the required
building permits, thus approval of the minor variance expired.
The applicant applied again in June 2002 and was heard July 4, 2002 before the
Committee of Adjustment. At this hearing the applicant did not attend, or send
regrets prior to the meeting. A number of residents did attend the meeting in
opposition to the application. This application was DENIED.
The property owner filed application A2002/051 and the necessary building
permits were applied for on August 15, 2002. The application received approval
for all accessory buildings and structures and is subject to a number of conditions
(see Attachment 1).
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REPORT NO.: PSD-093-02
PAGE 4
1.5 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
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
DONELLE, STEVEN
DONELLE, STEVEN
78 SAGEWOOD AV." COURTICE
PART LOT 33, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2002/045
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN IN-GROUND POOL BY REDUCING THE
REQUIRED MINIMUM EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 3
METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO REDUCE THE EXTERIOR SIDE YARD
SETBACK OF THE IN-GROUND POOL AS IT IS MINOR IN NATURE AND IS
CONSIDERED DESIRABLE.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
FILE NO.:
BRECH, KIM
BRECH, KIM
72 TURNBERRY CR." COURTICE
PART LOT 35, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2002/046
PURPOSE:
TO REDUCE THE SIDE YARD SETBACK FOR SHED #2 & #3 FROM 6 M TO 0.91M &
4.3M RESPECTIVELY, TO REDUCE THE SEPARATION DISTANCE BETWEEN SHED #3
& THE DWELLING FROM 1.2 M TO 0 M & RELOCATE SHED #1 TO THE REAR YARD &
REDUCE THIS SETBACK FROM 1.2 M TO 0.38 M.
DECISION OF COMMITTEE:
THAT THE AMENDED APPLICATION BE APPROVED AS IT IS DEEMED MINOR &
DESIRABLE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW,
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2, 2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: LEANNE AMYOTTE
PROPERTY LOCATION: 6 SUMAC ROAD, BURKETON, PART LOT 18,
CONCESSION 10, FORMER TOWNSHIP OF DARLINGTON
FILE NO.: A2002/051
PURPOSE:
TO RECOGNIZE ALL EXISTING ACCESSORY BUILDINGS AND STRUCTURES
(DETACHED GARAGE, SHED, PLAY STRUCTURE, POOL DECK) INCREASING TOTAL
LOT COVERAGE BY ACCESSORY BUILDINGS AND STRUCTURES FROM 48% (81,3
M2) (GRANTED BY COMMITTEE OF ADJUSTMENT IN 1997) TO 98% (162 M2).
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS PER STAFF'S RECOMMENDATION WITH
THE FOLLOWING CONDITIONS:
1, THAT THE DETACHED GARAGE, SHED, POOL AND DECK AND PLAY
STRUCTURE BE IDENTIFIED WITHIN 60 DAYS ON A REAL PROPERTY SURVEY
BY AN ONTARIO LAND SURVEYOR;
2. THAT EACH STRUCTURE BE RECOGNIZED AS EXISTING, AS A PERCENTAGE
OF THE EXISTING HOUSE AS FOLLOWS:
PLAY STRUCTURE AT 30%
DETACHED GARAGE AT 45.6%
GARDEN SHED AT 5.5%
POOL DECK AT 20.3%
ONCE THE STRUCTURE/USE IS REMOVED OR CEASES, THE PERCENTAGE
OF THAT STRUCTURE/USE IS SUBTRACTED FROM THE TOTAL OF 75%;
3, THAT LANDSCAPING SCREENING CONSISTING OF EVERGREENS ARE A
MINIMUM OF 1 METRE IN HEIGHT, SPANNING A LENGTH OF 30 FT ON THE
SOUTH SIDE ADJACENT TO THE GARAGE, AT A SPACING OF 3 METRES, BE
PLANTED WITHIN 60 DAYS;
4. THAT THE BUILDING PERMIT FOR THE DETACHED GARAGE BE APPROVED
WITHIN 45 DAYS OF THIS DECISION; AND,
5. THAT THE TREE FORT MATERIAL BE REMOVED WITHIN 45 DAYS.
DATE OF DECISION:
LAST DAY OF APPEAL:
September 12, 2002
October 2, 2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
FILE NO.:
CHRISTL, JOE
CHRISTL, JOE
4215 CONCESSION RD 1 , CLARKE
PART LOT 14, CONCESSION BF
FORMER TOWN(SHIP) OF CLARKE
A2002/052
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT CONSTRUCTION OF A SINGLE DETACHED DWELLING BY REDUCING
THE REQUIRED MINIMUM AGRICULTURAL SETBACK REQUIRED FROM 300 METRES
TO 117 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS IT IS DEEMED MINOR AND DESIRABLE
AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
668
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT: CALEDON PROPANE
OWNER: 1494263 Ontario Ltd,
PROPERTY LOCATION: 40 PORT DARLINGTON RD." BOWMANVILLE
PART LOT 10, CONCESSION BF
FORMER TOWN(SHIP) OF BOWMANVILLE
FILE NO.: A2002/053
PURPOSE:
TO REDUCE THE REQUIRED MINIMUM FRONT YARD SETBACK FROM 7.5 METRES
TO 3.05 M FOR SHED #1, TO 3.4 M FOR SHED #2, AND TO 4.3 M FOR SHED #3 .
DECISION OF COMMITTEE:
THAT THE APPLICATION BE TABLED FOR UP TO 1 YEAR TO ALLOW TIME FOR SITE
PLAN ISSUES TO BE RESOLVED,
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
CURRIE, LINDA
CURRIE, LINDA
1611 NASH RD." COURTICE
PART LOT 31, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2002/054
FILE NO.:
PURPOSE:
TO PERMIT THE REDUCTION OF THE EASTERLY SIDE YARD SETBACK FOR AN
EXISTING DECORATIVE WOODEN ARCHWAY FROM THE REQUIRED 1.2 METRES TO
o METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO RECOGNIZE THE EXISTING
DECORATIVE ARCHWAY WITH A 0 METRE SETBACK AS IT IS MINOR IN NATURE.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
FILE NO.:
HAMILTON, IAN
HAMILTON, IAN
1615 NASH RD." COURTICE
PART LOT 31, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2002/055
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT THE REDUCTION OF THE WESTERLY SIDE YARD SETBACK FROM THE
REQUIRED 1.2 M TO 0,55 M FOR AN EXISTING COVERED DECK & HOT TUB AND TO
REDUCE THE WESTERLY SIDE YARD SETBACK FOR AN EXISTING DECORATIVE
ARCHWAY FROM 1.2 METRES TO 0 METRES.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED TO RECOGNIZE THE EXISTING
DECORATIVE ARCHWAY WITH A 0 METRE SETBACK, AND THE EXISTING DECK AND
HOT TUB BE APPROVED AT 0.55 METRES PROVIDED NECESSARY PERMITS ARE
OBTAINED FROM THE BUILDING DIVISION WITHIN 60 DAYS.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2, 2002
671
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
FILE NO.:
GRAHAM, KEVIN & DIANE
GRAHAM, KEVIN & DIANE
81 CLAYTON CR." BOWMANVILLE
PART LOT 11, CONCESSION 2
FORMER TOWN(SHIP) OF BOWMANVILLE
A2002/056
APPLICANT:
OWNER:
PROPERTY LOCATION:
PURPOSE:
TO PERMIT CONSTRUCTION OF A SWIMMING POOL BY REDUCING THE EXTERIOR
SIDE YARD SETBACK FROM 6 METRES TO 1.4 METRES, & THE EXISTING DECK'S
INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0 METRES & REAR YARD
SETBACK FROM 6 METRES TO 2.4 METRES,
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS APPLIED FOR AS IT IS MINOR IN
NATURE AND IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
672
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
HAMMOND, HAROLD
SHERIDAN, ROBERT
116 CHURCH ST." BOWMANVILLE
PART LOT 11, CONCESSION 1
FORMER TOWN(SHIP) OF BOWMANVILLE
A2002/057
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING PLACE OF
WORSHIP BY INCREASING THE MAXIMUM LOT COVERAGE FROM 40% PERMITTED
TO 45%.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS IT IS MINOR IN NATURE AND IS IN
CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2, 2002
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lH
PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
DAILEY, TIM
DAILEY, TIM
80 KINGSWOOD DR." COURTICE
PART LOT 35, CONCESSION 2
FORMER TOWN(SHIP) OF DARLINGTON
A2002/058
FILE NO.:
PURPOSE:
TO PERMIT INSTALLATION OF AN IN-GROUND SWIMMING POOL BY REDUCING THE
EXTERIOR SIDE YARD SETBACK FROM 6 METRES TO 1.2 METRES.
DECISION OF COMMITTEE:
THAT THE REDUCTION OF THE EXTERIOR SIDE YARD SETBACK FOR THE POOL BE
APPROVED AT 1.2 M AND THE AMENDED PORTION OF THE APPLICATION BE
TABLED TO THE SEPTEMBER 26, 2002 MEETING.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
HARSELL, J, ROB
HARSELL, J. ROB
6623 LESKARD RD." CLARKE
PART LOT 30, CONCESSION 6
FORMER TOWN(SHIP) OF CLARKE
A2002/059
FILE NO.:
PURPOSE:
TO PERMIT CONSTRUCTION OF A DETACHED GARAGE BY REDUCING INT. SIDE
YARD SETBACK FROM 2M TO 0.6M, REDUCE SEPARATION DISTANCE BETWEEN
HOUSE & CARPORT TO DETACHED GARAGE FROM 1.2M TO 0.6M, & TO INCREASE
GARAGE TO 50% OF FLOOR AREA OF EXISTING DWELLING,
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS RECOMMENDED SUBJECT TO THE
APPLICANT REMOVING THE TWO EXISTING SHEDS WITHIN 6 MONTHS OF THE
ISSUANCE OF THE BUILDING PERMIT FOR THE DETACHED GARAGE.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT
APPLICANT:
OWNER:
PROPERTY LOCATION:
BAKLER, JULIUS
BAKLER, JULIUS
141 EDWARD ST.E." NEWCASTLE VILLAGE
PART LOT 27, CONCESSION 1
FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE
A2002/060
FILE NO.:
PURPOSE:
TO PERMIT THE CONSTRUCTION OF A 15 SQ METRE DECK BY INCREASING TOTAL
LOT COVERAGE FROM THE MAXIMUM PERMITTED 40% TO 43%.
DECISION OF COMMITTEE:
THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE
OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR IN NATURE AND
DESIRABLE.
DATE OF DECISION: September 12, 2002
LAST DAY OF APPEAL: October 2,2002
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