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Home My WebLink AboutPSD-127-051rJe on REPORT Leading the Way PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, October 17, 2005 Report #: PSD- 127 -05 File #: A2005/036, A2005/037 By -law #: A2005- 0040,A2005 -0041 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF SEPTEMBER 22 AND OCTOBER 6, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: THAT Report PSD- 127 -05 be received; THAT Council concurs with the decision of the Committee of Adjustment made on October 6, 2005 for applications A2005/036, A2005 -0040 and A2005 -0041; and THAT Council concurs with staff that an appeal by the Municipality of the decision made by the Committee of Adjustment on September 22, 2005 for A2005/037, is not warranted. However, should an appeal be lodged by another party, that Staff be authorized to defend its original recommendations. Submitted by: J. Crome, MCIP, R.P.P. Dire for of Planning Services BMR *CP *DJC *sh *df October 12, 2005 Reviewed by: 0 ""." --' Franklin Wu, Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD- 127 -05 1.0 APPLICATION DETAILS PAGE 2 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 summarized below. iIONS OF COMMITTEE OF ADJUSTMENT FOR SEPTEMBER 22 AND OCTOBER 6, 2005 September 22, 2005 A2005/037 Approve with modifications Approved with modifications October 6, 2005 A2005/036 I Approve I Approved A2005 -0040 I Table I Tabled A2005 -0041 I Approve with modifications Approved with modifications 2.0 COMMENTS 2.1 A2005/036 was an application to permit the creation of an additional residential lot by reducing the required lot frontage from 18 metres to 15.23 metres, and to reduce the require lot area from 650 metres to 512.7 square metres. This application was tabled on the August 25th, 2005 meeting to allow the application to be heard by the Land Division Committee, and to ensure that any additional requirements placed on the lot could be addressed in this variance application. The Land Division Committee approved the application, and the Committee of Adjustment approved the application as applied for. 2.2 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 easterly 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 easterly side yard setback to 1.2 metres to allow for an appropriate vehicle turning movement to the garage door. REPORT NO.: PSD- 127 -05 PAGE 3 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 story. The zoning by -law requires accessory structures to be subordinate to the main use, and Staff considered a building of that height containing three floors 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 a 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 story or mezzanine would not be permitted. Planning Staff report presented at the October 3rd, 2005 GPA meeting requested deferring a decision regarding this application to allow time for the applicant to provide Staff with drawings reflecting the Committee's decision, and to allow Staff time to review the ramifications of the Committee's Decision. The applicant provided staff with an elevation which showed the proposed architectural feature. The only portion of the feature which protrudes above the approved accessory building is the roof portion. The peak of the feature's proposed roof extends approximately 1.2 metres above the peak of the approved roof for the accessory building. The existing main dwelling will be taller than this peak. There were no objections from residents of the area. Staff feel this compromise would not be detrimental to the surrounding neighbourhood as the accessory building will appear somewhat subordinate to the main dwelling. 2.3 A2005 -0040 was an application to permit the construction of a detached accessory structure by increasing the total lot coverage for accessory buildings from 40% to 56% of the main building. The applicant had proposed the construction of a 53.1 square metre detached accessory building in addition to an existing 54.4 square metre detached garage. Following the notification of the application and Staffs site visit, it was discovered that the site had and existing deck, which was not previously included in the calculations for detached accessory buildings and structures. As approval of the application as notified would only permit an additional detached accessory building 28.1 square metres in area, Staff recommended the application be tabled to allow for the re- notification of the application, to allow the lot coverage for detached accessory buildings and structures to be increased to 68% of the main building. The Committee sought the applicant's input with regards to the options presented by Staff, and the applicant suggested tabling would be appropriate. The application was tabled for not more than three months to allow for re- notification of the amended application. 2.4 A2005 -0041 was an application to permit the construction of a detached accessory building by increasing the maximum lot coverage from 40% of the main building to 62.5 %. Staff did not consider the application to be minor in nature as the proposal was for a detached garage, in addition to an existing attached garage, but did feel a more modest increase could be considered. Staff recommended that the application be REPORT NO.: PSD- 127 -05 PAGE 4 approved to permit a structure 55% of the main building. Two neighbours were in opposition to the application as they too felt the proposed structure was too large. Several individuals came to the meeting and spoke in opposition to the application citing concerns that the structure as applied for could easily be used for commercial purposes, and that the existing site had several vehicles in poor repair. Committee reminded the speakers that the application was for the area of the building and not for the use, but suggested that Staff speak with the By -law Enforcement Division about the issues raise by the speakers. Committee concurred with Staff's recommendation and approved the application to permit a detached accessory building with lot coverage of 55% of the main building. 2.5 Staff has reviewed the Committee's decisions and is satisfied that the applications that received approval, with the exception of A2005/037, 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 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. 2.6 In the case of the decision of Committee for A2005/037, as described in Section 2.2, the decision of the Committee of Adjustment was contrary to Staffs recommendation. However, Staff recommends that with the modification to the building height this decision be accepted, as an appeal by the Municipality is not warranted for the reason identified in Section 2.2. However, should an appeal be lodged, Staff would request that Council authorize Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated September 22, 2005 Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment #1 To Report #PSD- 127 -05 qding the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: ED VANHAVERBEKE OWNER: ED VANHAVERBEKE PROPERTY LOCATION: 82 EDWARD STREET EAST, NEWCASTLE VILLAGE PART LOT 281, CONCESSION FORMER TOWN(SHIP) OF NEWCASTLE VILLAGE FILE NO.: A2005/036 PURPOSE: TO PERMIT THE DEVELOPMENT OF ONE ADDITIONAL RESIDENTIAL LOT BY REDUCING THE REQUIRED LOT FRONTAGE FROM 18 METRES TO 15.23 METRES AND BY REDUCING THE REQUIRED LOT AREA FROM 650 SQ M TO 512.7 SQ M. DECISION OF COMMITTEE: TO APPROVE APPLICATION AS APPLIED FOR TO PERMIT CREATION OF A SECOND RESIDENTIAL LOT BY REDUCING THE REQUIRED LOT FRONTAGE FROM 18 M TO 15.23 M & BY REDUCING THE MIN LOT AREA FROM 650 M2 TO 512.7 M2 AS IT IS MINOR & DESIRABLE & CONFORMS TO THE OP & ZBL DATE OF DECISION: October 6, 2005 LAST DAY OF APPEAL: October 26, 2005 qding the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: VEENSTRA CONSTRUCTION OWNER: VEENSTRA CONSTRUCTION PROPERTY LOCATION: 109 COVE ROAD, BOWMANVILLE PART LOT 11 BF, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005/037 PURPOSE: 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 EASTERLY INTERIOR SIDE YARD SETBACK FROM 3 METRES TO 1.2 METRES, BY INCREASING THE MAXIMUM HEIGHT OF AN ACCESS DECISION OF COMMITTEE: APPROVAL TO PERMIT THE CONSTRUCTION OF A DETACHED ACCESSORY BUILDING BY REDUCING THE REQUIRED FRONT YARD SETBACK FROM 8 METRES TO 4 METRES, BY REDUCING THE REQUIRED EASTERLY INTERIOR SIDE YARD SETBACK FROM 3 METRES TO 1.2 METRES, BY INCREASING THE MAXIMUM HEIGHT OF AN ACCESSORY STRUCTURE FROM 5 METRES TO 5.6 METRES, TO INCREASE THE MAXIMUM HEIGHT OF AN ARCHITECTURAL FEATURE FROM 5 METRES TO 6.5 METRES. SUBJECT TO THE CONDITION THAT NO PLUMBING BE INSTALLED, THAT THERE BE NO THIRD FLOOR MEZZANINE, THAT THERE BE NO VEHICLE DOOR BE LOCATED ON THE NORTH SIDE OF THE STRUCTURE WITHIN 6 METRES OF THE FRONT PROPERTY LINE AND THAT THE DURHAM REGION HEALTH DEPARTMENT PROVIDE WRITTEN APPROVAL PRIOR TO THE ISSUANCE OF A BUILDING PERMIT AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY -LAW. DATE OF DECISION: September 22 2005 LAST DAY OF APPEAL: October 12, 2005 g Leading the �Vay PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: JAMES & CINDY STEWART -HAASS OWNER: JAMES & CINDY STEWART -HAASS PROPERTY LOCATION: FILE NO.: A2005 -0040 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PEMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% OF THE MAIN BUILDING TO 56 %. DECISION OF COMMITTEE: TO TABLE THE APPLICATION FOR UP TO THREE MONTHS TO ALLOW TIME FOR RE- CIRCULATION AND NEW PUBLIC NOTICE OF REVISED APPLCIATION. DATE OF DECISION: October 6, 2005 LAST DAY OF APPEAL. October 26, 2005 Qding the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: FRANK MASTROIANNI OWNER: FRANK MASTROIANNI PROPERTY LOCATION: 2181 MAPLE GROVE ROAD, MAPLE GROVE PART LOT 182, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005 -0041 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY INCREASING THE MAXIMUM PERMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% OF THE MAIN BUILDING TO 62.5 %. DECISION OF COMMITTEE: APPROVED TO PERMIT A DETACHED ACCESSORY BUILDING BY INCREASING MAX LOT COVERAGE FROM 40% TO 55% OF THE MAIN BUILDING SUBJECT TO RECEIVING DURHAM REGIONAL HEALTH APPROVAL AS IT IS MINOR AND DESIRABLE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY -LAW DATE OF DECISION: October 6, 2005 LAST DAY OF APPEAL: October 26, 2005 N W ANGLE 6LOCK N { I MONROE STREET EAST NYE 15 50 E (REFERENCE SCARING) MEAS 62 536 16e 296 D 11 41 212 77 96 997 (p 3 8 MEAS) 1S Ow_ Y n Y L Lb ENCLOSED ORS M r IS r t� I ( • 2214 1023 V_ zz PIN 24657 Z INST d W 51 ROW OF CEDARS W MEAS 62061 N 0 41237 — (P.1 6 WAS LL 5= MEAS b96 O (59624 0 2 39 706 P 1) 3 6164 7316 14021 0 336 (P -1 6 MEAS )- y EA6 18 4E (19 394 P -1f m Y 18 MEAS) +1 N72 15 50 E 1°. 1667 4081 1' 96 58Y ° WE 14 $OE �21e CHAIN LINK FENCE M (98 591 P-1)Y (96 509 P 2� J O x n n r 0 r Wm r r J Om P-v =R 61 Pt wY m r P 6 5 N V Y o o a "0 I wo 33 10 315 262 S S it sr � ftice a,l d ZBA 2005 -040 Zoning By -law Amendment Owner: Leslie D. 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