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HomeMy WebLinkAboutPD-047-01 #' -,", " ., , - THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ])) 3CO Res. # GfJIJ--7t;-O / Date: Monday, May 7, 2001 Report #: PD-047-00 File #: AZOOII020 to AZOOII025 INCLUSIVE Subject: MONITORING THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF APRIL 26, 2001 FILES A2001l020 TO A2001/025 INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-047-01 be received; 2. That Council authorize Staff to appeal the decision of the Committee of Adjustment with respect to Application AZOO 11020; and 3. THAT Council concur with decisions of the Committee of Adjustment made on April 26, 2001 for applications AZOOII021 to AZOOII025 inclusive, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. I. All applications received by the Municipality for minor variance are scheduled to be heard 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 listed below. DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR APRIL 26, 2001 Application Number Staff Recommendation Decision of Committee AZOOII020 Approve side yard variance Deny rear yard variance Approve Approve Approved with modifications AZOOII021 AZOOII022 Approved Approved 624 i '\ REPORT PD-047-01 PAGE 2 AZOOII023 A2001l024 AZOOII025 Approve Table Approve Approved Tabled Approved 2. Application AZOOII020 was for a reduction in side yard setback from 1.2 metres to 1.0 metre. This portion of the application was approved as applied for. (See Attachment 2). The application was also requesting a reduction in the rear yard setback for an unenclosed deck from 2.6 metres to 1.0 metre to construct a deck with a depth 00.66 metres (12 ft). This portion of the application did not receive endorsement from either Public Works or the Planning Department. The Waterfront Trail immediately abuts the rear property line of this lot, which will have a 1.8 metre chain link fence along the property line. The proposed deck would be approximately 2.13 metres above grade and I metre from this fence. Staff felt there would be a conflict between the residential use and the public use with the proposed setback. When this subdivision was originally approved a site specific wne was applied (RZ-I 0) changing the traditional rear yard depth from 7.5 metres to 5 metres and the setback for an unenclosed deck from 6 metres to 2.6 metres. This would allow homeowners to construct an 8 ft (2.4 metre) deep deck and still meet the required 2.6 metre setback. Committee felt a compromise might satisfy both the applicant and the Municipality and approved a rear yard setback of 1.9 metres that would permit a deck 00.048 metres (10 ft). 3. Having regard for the shallow lot, the height of the proposed deck, the lack of privacy and the potential for conflict with the use of the Waterfront Trail Staff recommend that Application AZOOII020 be appealed to the Ontario Municipal Board. 4. Staff has reviewed the remainder of Committee's decisions and is satisfied that 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 625 ~ REPORT PD-047-01 PAGE 3 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. Respectfully submitted, Reviewed by, d~~ David . rome, M.C.I.P., RP.P. Director of Planning and Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer SA*DJC*sh 01 May 2001 Attachment No.1 Attachment No.2 - Periodic Report - Site Plan for AZOOll020 626 ATTACHMENT 1 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/020 ******************** APPLICANT: LALONDE, HELEN ELIZABETH AGENT: PROPERTY DESCRIPTION 86 CARVETH CRES PART LOT: 28 CONCESSION: BF TOWNSHIP: NEWCASTLE PLAN NUMBER: ZONING: R2-10 HEARING DATE: 26-Apr-01 DECISION: APPROVED APPEAL DATE: 16-May-01 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE REQUIRED REAR YARD SETBACK FOR AN UNCOVERED DECK FROM THE REQUIRED 2.6 M (8.5 FT) TO 1 M (3.28 FT) AND REDUCING THE SIDE YARD FROM THE REQUIRED 1.2 M (3.93 FT) TO 1 M (3.28 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED TO REDUCE THE SOUTHERLY SIDE YD SETBACK TO 1.0 M & TO REDUCE THE REAR YD SETBACK TO 1.9 M FOR AN UNENCLOSED DECK. 627 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/021 ******************** APPLICANT: SCOTT, JEFF AGENT: PROPERTY DESCRIPTION 4107 OLD SCUGOG ROAD PART LOT: 15 CONCESSION: 4 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: A-I HEARING DATE: 26-Apr-01 DECISION: APPROVED APPEAL DATE: 16-May-01 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING THAT WILL INCREASE THE TOTAL LOT COVERAGE BY AN ACCESSORY BUILDING FROM A MAXIMUM OF 40% TO 67.6% (93.6 M2 (1008 FT2)) OF THE TOTAL FLOOR AREA OF THE DWELLING. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 67.6% AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 628 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/022 ******************** APPLICANT: MAKELA, ESKO & LIETTE AGENT: PROPERTY DESCRIPTION 13 ROYAL PINES COURT PART LOT: 9 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-837 -3 ZONING: R1 HEARING DATE: 26-Apr-01 DECISION: APPROVED APPEAL DATE: 16-May-01 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION (SUNROOM) TO AN EXISTING DWELLING WITH A PROPOSED SETBACK OF 6.1 M (20 FT) INSTEAD OF THE REQUIRED 7.5 M (24.6 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 6 METRES FOR THE DWELLING AND ANY BALCONIES, CANOPIES, UNENCLOSED PORCHES OR STEPS AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 629 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: AOlj023 ******************** APPLICANT: LUCAS, SAMANTHA AGENT: PROPERTY DESCRIPTION 76 MILL ST. PART LOT: 28 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: Rl-2 & EP HEARING DATE: 26-Apr-Ol DECISION: APPROVED APPEAL DATE: 16-May-Ol MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DETACHED GARAGE WITH A SETBACK OF o M FROM AN ENVIRONMENTAL PROTECTION (EP) ZONE INSTEAD OF THE REQUIRED 3 M (9.8 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT A 0 M SETBACK TO THE ENVIRONMENTAL PROTECTION ZONE AS IT HAS RECEIVED ENGINEERING AND GRCA APPROVAL. 630 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/024 ******************** APPLICANT: MURRAY, KIRK AGENT: PROPERTY DESCRIPTION 6 ROWLAND CRT PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1893 - ZONING: R1 HEARING DATE: 26-Apr-01 DECISION: TABLED APPEAL DATE: 16-May-01 MINOR VARIANCE: TO RECOGNIZE AN EXISTING ACCESSORY BUILDING WITH A REAR AND SIDE YARD SETBACK OF 0.45 M (1.5 FT) INSTEAD OF THE REQUIRED 1.2 M (3.94 FT) . REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO THE NEXT MEETING TO ALLOW THE APPLICATION TO BE AMENDED TO INDICATE THE CORRECT MEASUREMENTS. 631 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A01/025 ******************** APPLICANT: CAMERON, ERIC AGENT: PROPERTY DESCRIPTION 2681 CONCESSION ROAD 4 PART LOT: 10 CONCESSION: 3 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: A-59 HEARING DATE: 26-Apr-01 DECISION: APPROVED APPEAL DATE: 16-May-01 MINOR VARIANCE: TO INCREASE THE HOME INDUSTRY ACCESSORY BUILDING HEIGHT FROM THE MAXIMUM OF 5 M (16.4 FT) TO 5.6 M (18.4 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AT 5.6 M AS IT IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 632 . :I "' C) C) ,..: '" J.- 2.1 M I-- WATERFRONT TRAil 15.188 M _ A IT ACHMENT 2 t- 14FT' ,.. - 20FT GROUND lEVf it HEIGHT 5 FT T ' 168 So FT AREA 240 SO FT AREA . t :I '" C) - "! J "' 2.79M STAIRS 80 SO FT AREA ~ t T KITCHEN 000 R ~ t :r " t S! '" C) UI 0 - :r ... 86 CARiVETH CRESCENT A2001/0'20 (AS APPLIED FOR) 1.25"" PoRCH :I ~ '" 8.837 M ::r :g .,; - _ 6.425 III 633 4.37M 7FT" :I ... '" ol.i .,; '" - 1 M -J <( cr t- t- 2: 6 cr u.. cr UJ t- ~