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HomeMy WebLinkAboutPSD-093-02 Cl!J!mglOn REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, September 23,2002 7J)3.Co C;ff}- 3S3 --I:):;L 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 661 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 662 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). 663 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 664 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 665 CJlu- fl Leadingt~ 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 666 Clw:igglOn 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 667 q!Jl-!Jlgron 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 Cl&:-fl!glon 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 669 ~{fJ!jggton 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 670 Cl~-fl!glon 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 CJaL. fl Leadin.gt~ 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 673 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 674 ~{tJl-!lJgton 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 675 / C[fJlillgtnn 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 676