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HomeMy WebLinkAboutPSD-119-05 ClwilJgton REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 3, 2005 Report #: PSD-119-05 File #: A2005/038 By-law #: Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 22, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-119-05 be received; and 2. THAT Council concurs with the decision of the Committee of Adjustment made on September 22, 2005 for application A2005/038, 3. That Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment made on September 22, 2005 for application A2005/038. o~ - Ls-L Reviewed by. . ~ - Franklin Wu, Chief Administrative Officer BR/CP/FUsh/lb September 28, 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 REPORT NO.: PSD-119-05 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 application and the Committee’s decisions are detailed in Attachment 1. The decisions of the Committee are detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR MARCH 3, 2005 Application Number Staff Recommendation Decision of Committee A2005/037 Approve with modifications Approved with modifications A2005/038 Approve with modifications Approved with modifications 2.0 COMMENTS 2.1 A2005/037 was an application to permit the construction of a detached garage by reducing the required front yard setback from 8 metres to 4 metres, by reducing the required eastern side yard from 3 metres to 1.2 metres, by increasing the maximum height of an accessory building from 5 metres to 5.6 metres, and to permit an architectural feature on the accessory building with a maximum height of 7.4 metres. This application was tabled at the August 25, 2005 meeting to allow the applicant to address some comments made by Staff. The application was revised to reduce the side yard setback to 1.2 metres to allow for an appropriate vehicle turning movement into the garage door. Another Staff concern was the requested height of the proposed architectural feature. Building plans submitted to the Municipality indicated the use of the architectural feature as a third storey. The zoning by-law requires accessory structures to be subordinate to the main use, and Staff considered a building with three floors of that height to not be subordinate to the main use. Staff recommended approval of the amended application with the exception of the height of the architectural feature, and with a number of conditions with regards to Durham Regional Health approval, and conditions to prohibit the use of the structure as habitable floor area. At the meeting, the applicant indicated that the architectural feature was still desired, and through discussion with the Committee, determined that a suitable architectural feature could be constructed with a height of 6.5 metres, although the 7.4 metres was still desired. Committee approved the application as amended by Staff, but allowed an architectural feature of 6.5 metres in height, and included a condition that a third storey or mezzanine would not be permitted. As the decision would require amending the proposed structure, Staff has requested the applicant provide a revised elevation that complies with the Committee’s decision. Once staff has had opportunity to review this and discuss the implications of Staff’s decision with the applicant, a determination on whether to appeal the decision will be made. 2.2 A2005/039 was an application to permit the expansion of a single detached dwelling by increasing the maximum lot coverage from 40% to 62%. The applicant provided a lot area of 351.36 square metres, with the footprint of the structures covering 62% of the REPORT NO.: PSD-119-05 PAGE 3 lot. It was discovered by staff that the subject lot was in fact 544.2 square metres, making the true lot coverage 39%. Upon recognition of this error, the applicant withdrew the application. Neighbouring property owners in opposition to the application were notified of the withdrawal of the application, and that the application met the zoning by-law. No decision was required by the Committee, and so none was made. 2.3 Application A2005/038 was approved as requested with a condition that the Durham Regional Health Department provide written approval prior to the issuance of a building permit. 2.4 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’s decision 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 2.5 In the case of the decision of Committee for A2005/037, as described in Section 2.1, Staff is working with the applicant to fully explore the ramifications of the Committee’s decision. Staff will provide a revised monitoring report for the Council meeting on October 10, 2005. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment #1 To Report #PSD-119-05 Cl. fl L~~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: TAVARES JOSE & CHRISTINE TAVARES JOSE & CHRISTINE PROPERTY LOCATION: 8515 ENFIELD ROAD, DARLINGTON PART LOT 308, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005/038 PURPOSE: TO REDUCE THE MINIMUM DISTANCE SEPRATION FROM A NEW FARM BUILDING TO AN EXISITNG RESIDENTIAL BUILDING FROM 300 METRES TO 160 METRES DECISION OF COMMITTEE: APPROVED TO REDUCE THE REQUIRED MIN DISTANCE FROM FARM BLDG TO EXISTING RESIDENITAL BLDG FROM 300 M TO 160 M SUBJECT TO REGIONAL HEALTH DEPARTMENT WRITTEN APPROVAL PROIR TO ISSUANCE OF BLDG PERMIT AS IS MINOR, DESIRABLE IN NATURE & CONFORMS TO OP & ZBL DATE OF DECISION: September 22,2005 LAST DAY OF APPEAL: October 12,2005