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Home My WebLink AboutPSD-110-02 C!iJ!jggton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, November 4, 2002 -:D/3.CO File #: A2002/021, A2002/040 By-law #: A2002/065 TO A2002/067 Inclusive 6/fl-1/r-{J:2- Report #: PSD-ll0-02 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 24, 2002 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-110-02 be received; and 2. THAT Council concurs with decisions of the Committee of Adjustment made on October 24, 2002 for applications A2002/021, A2002/040, and A2002/065 to A2002/067 inclusive and that staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: David rome, MCIP, R.P.P. Director of Planning Services Reviewed by: O~.....:. ~ Franklin Wu, Chief Administrative Officer SA*DJC*sn October 25, 2002 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-0830 614- REPORT NO.: PSD-110-02 PAGE 2 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 OCTOBER 24, 2002 Application Number Staff Recommendation Decision of Committee A2002/021 Approve Approved A2002/040 Deny Denied A2002/065 Table Tabled A2002/066 Approve Approved A2002/067 Approve Approved 1. Application A2002/021 was heard previously May 5 and October 10, 2002 at which time the application was tabled by Committee to allow time for the applicant to have a Conservation Authority Board hearing and later to receive Health Unit approval. The Conservation Authority Board hearing held September 18, granted approval for the detached garage. The Health Department gave verbal approval October 24, 2002 that there is adequate area on the lot for the septic system to function adequately. Thus the application received approval. 2. Application A2002/040 was to reduce the amount of parking required at an industrially zoned property on Mearns Court by 27 parking spaces, from 119 to 92 parking spaces. The application was heard previously at the July 25, 2002 Committee meeting and was tabled to allow the owner time to remove outside storage on 17 of the required parking spaces. There are currently 75 usable parking spaces. Both the Engineering Services and By-law Enforcement Departments currently have concerns that on-street parking is creating traffic congestion and blocking access to other industrial properties on both Mearns Court and Caristrap Street. 615 REPORT NO.: PSD-110-02 PAGE 3 After discussion with the applicant, which determined that no progress had been made in clearing the 17 parking spaces for use for parking since the July 25th meeting, Committee denied the application as it was not minor in nature and was not desirable for the neighbourhood. 3. Application A2002/066 was tabled to the November 21, 2002 agenda as the measurements submitted on the application were incorrect. Accessory building setbacks are measured from the edge of the eaves, not the wall. Thus the actual variance applied for is 50% more than the public notice advised. A new public notice will be mailed and a new public hearing scheduled for November 21, 2002. 4. 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 of the Committee of Adjustment 616 ClEJl-!llgton ATTACHMENT I PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: R. L. BROOKS & ASSOCIATES L TO. SIMS, WILLIAM 103 CEDAR CREST BEACH RD." BOWMANVILLE PART LOT 12, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2002!021 FILE NO.: PURPOSE: TO PERMIT CONSTRUCTION OF A DETACHED GARAGE THAT WILL HAVE A FRONT YARD SETBACK OF 5.7 METRES INSTEAD OF THE REQUIRED 8.0 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. DATE OF DECISION: October 24,2002 LAST DAY OF APPEAL: November 13, 2002 617 ClfJl-!lJgton PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: RIFE. DAVID W.E. ROTH CONSTRUCTION LTD 71 MEARNS CT." BOWMANVILLE PART LOT 8, CONCESSION BF FORMER TOWN(SHIP) OF BOWMANVILLE A2002/040 FILE NO.: PURPOSE: TO REDUCE THE MINIMUM PARKING SPACE REQUIREMENT FROM 119 PARKING SPACES TO 92 PARKING SPACES, TO RECOGNIZE THE EXISTING USES IN THE INDUSTRIAL BUILDING. DECISION OF COMMITTEE: THAT THE APPLICATION BE DENIED AS IT IS NOT MINOR IN NATURE NOR DESIRABLE FOR THE NEIGHBOURHOOD. DATE OF DECISION: October 24,2002 LAST DAY OF APPEAL: November 13, 2002 618 ClfJ!:jgglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: CLARINGTON HOME RENOVATORS GRILLS, CHARLES & EVA 30 VALLEYCREST DR." COURTICE PART LOT 33, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/065 FILE NO.: PURPOSE: TO RECOGNIZE AN EXISTING DECK CONSTRUCTED IN THE INTERIOR SIDE YARD REDUCING THE INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 1.2 METRES TO 0.6 METRES. DECISION OF COMMITTEE: THAT THE AMENDED APPLICATION BE APPROVED, REDUCING THE INTERIOR SIDE YARD TO 1.2 METRES AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR & DESIRABLE. DATE OF DECISION: October 24,2002 LAST DAY OF APPEAL: November 13, 2002 619 . Clt}lilJglon PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: GIBNEY. DAREN GIBNEY, DAREN 30 POOL TON CR." COURTICE PART LOT 31, CONCESSION 2 FORMER TOWN(SHIP) OF DARLINGTON A2002/066 FILE NO.: PURPOSE: TO RECOGNIZE AN EXISTING ACCESSORY STRUCTURE (SHED) WITH A SIDE YARD SETBACK OF 0.53 METRES AND A REAR YARD SETBACK OF 0.63 METRES INSTEAD OF THE REQUIRED 1.2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED TO NOVEMBER 21,2002, TO PERMIT TIME FOR THE APPLICANT TO AMEND THE APPLICATION AND FOR NEW PUBLIC NOTICE TO BE GIVEN. DATE OF DECISION: October 24,2002 LAST DAY OF APPEAL: November 13, 2002 620 . . C[(}l-!J!gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PROPERTY LOCATION: FILE NO.: J.D. BARNES L TO GREEN MARTIN HOLDINGS L TO 83 HAMMOND ST." BOWMANVILLE PART LOT 17, CONCESSION 1 FORMER TOWN(SHIP) OF BOWMANVILLE A2002/067 PURPOSE: TO RECOGNIZE AN EXISTING DWELLING WITH AN INTERIOR YARD SETBACK OF 1.14 METRES INSTEAD OF THE REQUIRED 1.2 METRES. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED AT 1.14 M AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW & IS DEEMED MINOR & DESIRABLE SUBJECT TO THE SATISFACTION OF THE BUILDING DIVISION WITHIN 20 DAYS. DATE OF DECISION: October 24,2002 LAST DAY OF APPEAL: November 13, 2002 621