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HomeMy WebLinkAboutPSD-130-05• arm n Leading the Way REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATION MEETING Date: Monday, November 14, 2005 Report #: PSD- 130 -05 File #: A2005 -0040, A2005 -0042, By -law #: A2005 -0043, A2005 -0044, A2005 -0045, A2005 -0046 Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETINGS OF OCTOBER 20, 2005 AND NOVEMBER 3, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD- 130 -05 be received; 2. THAT Council concurs with the decision of the Committee of Adjustment made on October 20, 2005, and November 3, 2005 for applications A2005 -0042, A2005 -0043, A2005 -0045 and A2005 -0046; and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment; 3. THAT Council does not concur with the decision of the Committee of Adjustment made on November 3, 2005 for application A2005 -0040 and that the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board, and staff be authorized to defend its original position; and 4. THAT Council does not concur with the decision of the Committee of Adjustment made on October 20, 2005 for application A2005 -0044; that Council confirm it' support of the appeal to the Ontario Municipal Board launched by Staff; and that Council authorize Staff to defend its original position. Submitted by: Dire6Cor of Planning Services Reviewed by: Franklin Wu, Chief Administrative Officer BMR *CP *DJC *sh *df 7 November 2005 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T (905)623 -3379 F (905)623 -0830 REPORT NO.: PSD- 130 -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 detailed below. DECISIONS OF COMMITTEE OF ADJUSTMENT FOR OCTOBER 20, 2005 and NOVEMBER 3, 2005 Application Number Staff Recommendation Decision of Committee A2005 -0040 Approve with modifications Approve with modifications A2005 -0042 Table Tabled A2005 -0043 Approve with modifications Tabled A2005 -0044 Approve with modifications Approved as applied for A2005 -0045 Approve Approved with modifications A2005 -0046 Table Tabled 2.0 COMMENTS 2.1 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 68% 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. This application was tabled on the October 6 Committee meeting after Staffs site visit, when it was discovered that the site had an existing 25 square metre deck, which was not previously included in the calculations for detached accessory buildings and structures. Staff did not consider this application to be minor in nature, but did feel a more moderate increase was appropriate. Staff recommended an increase in lot coverage for accessory buildings and structures from 40% of the main building to 60% of the main building to be appropriate as it provided space to store one additional vehicle, and provide room for a modest work shop. Both Staff and Committee were concerned that by approving the application, the accessory buildings could be redeveloped in the future to one larger building. To satisfy the concerns of Committee a motion was made to approve an increase in lot coverage for accessory buildings from 40% to 68% for the existing and proposed 53.1 square metre accessory building only. The Committee found this to be minor and desirable, and approved the application. Staff did not find the request to be minor, and felt that accessory buildings, with the proposed addition, would not be considered clearly secondary or incidental to the main REPORT NO.: PSD- 130 -05 PAGE 3 dwelling. Staff do not support the Committees decision and feel an appeal of the approval of additional floor area is appropriate as the application did not meet three of the four tests for a minor variance. The application was not minor, it is not desirable for the neighbourhood and does not meet the intent of the zoning by -law. 2.2 A2005 -0042 was an application to permit the outside storage of vehicles and a non- agricultural related building on a vacant property located within the Agricultural (A) Zone. At the request of the applicant Committee tabled the application to the November 17th 2005 meeting. Several neighbours appeared in opposition to the application, but due to the applicant's request, and the absence of the applicant and owner at the meeting, the Committee tabled the application without discussion. The neighbour's appearing at the meeting were added to the interested parties list to receive notification and updates with regards to the application. 2.3 A2005 -0043 was an application to permit the construction of a deck and stairs by reducing the required rear yard setback from 6 metres to 3 metres and by increasing the total lot coverage from 40% to 48 %. The grade of the subject property slopes downward from the front wall to the rear wall of the dwelling. The proposed deck extends from the rear wall of the main floor of the home at a height of approximately 2.1 metres above grade. A privacy fence approximately 1.8 metres in height was constructed along the rear property line. Staff was not in support of this application as the proposed deck significantly impacted the privacy of the adjacent property owners to the rear. Staff were prepared to support a reduction in the rear yard setback to 4.5 metres for a deck not more than 1 metre above grade. Following discussions with the applicant, Committee suggested that given Staff's recommendation, tabling the application might be in the best interest of the applicant to provide time to allow the applicant to reconfigure the deck to come more in conformity with the recommendations. The applicant agreed, and Committee tabled the application for not more than three months. 2.4 A2005 -0044 was an application to permit the construction of a detached accessory structure by increasing the maximum lot coverage for all accessory buildings from 40% to 141 % and by increasing the maximum height for a detached accessory building from 5 metres to 7.6 metres. The application included an existing 55.8 square metre detached garage, an existing 11.7 square metre pool deck, and an existing 139.4 square metre non - conforming farm building in which the use had changed to become an accessory building. The applicant was proposing a 40.6 square metre addition to the non - conforming farm building. The existing detached garage and farm building were constructed prior to a consent application which severed the structures from a farm lot to a hamlet residential lot which does not permit any agricultural uses. Staff's recommendation was to permit the increased height from 5 metres to 7.6 metres as the non - conforming barn is existing, and to permit the continued use of the detached garage, pool deck and barn as accessory buildings, with a total floor area of 118% of the main building. However Staff did not recommend approval the addition to the barn. REPORT NO.: PSD- 130 -05 PAGE 4 Staff did not find the request to be minor, and felt that accessory buildings, with the proposed addition, would not be considered clearly secondary or incidental to the main dwelling. The applicant informed the Committee that his elderly neighbour used the detached garage, and that he would prefer to keep all the structures, including the addition. Committee decided that the addition was minor, and approved the request for the lot coverage of detached accessory buildings to be 141% of the main dwelling's floor area. Given the already large size of the detached accessory buildings, Staff do not support the Committees decision and feel an appeal of the approval of additional floor area is appropriate as the application did not meet three of the four tests for a minor variance. The application was not minor, it is not desirable for the neighbourhood and does not meet the intent of the zoning by -law. 2.5 A2005 -0045 was an application for an area in the Wilmot Creek Retirement Community. The application was to permit the construction of eight (8) single detached dwellings by reducing the setback to other residences or institutional uses from 3 metres for one storey and 6 metres for two storey, the 3 metres for both one and two storey house. The applicant indicated that the intent was to provide an option for a second storey loft in some of the standard one storey homes. The height difference of the dwelling built as one storey and two storey models is about 0.3 metres (1 foot). Some members of the Committee were concerned that, as the Wilmot Creek Development is on a single lot, and that a decision to approve the application as originally worded would grant approval throughout the entire development. It was the feeling of Committee that a decision regarding the entire development should made by Council in the form of a zoning by -law amendment. Due to this concern, the Committee approved the application for four specific building sites that were requested by the applicant. Staff are satisfied with this decision. 2.6 A2005 -0046 was an application to permit the construction of a deck by reducing the side yard setback from 1.2 metres to 0.66 metres, by reducing the rear yard setback from 6 metres to 5.56 metres, and to permit the construction of an accessory building by reducing the rear and side yard setback from 1.2 metres to 0.6 metres, and by increasing the total lot coverage to 57 %. The required sign notification was not posted by the required date, and therefore the application was tabled to the next available meeting. 2.7 Staff reviewed the Committee's decisions and is satisfied that the application that received approval, with the exception of A2005 -0040 and A2005 -0044, is in conformity with the Official Plan policies, consistent with the intent of the Zoning By -law and is minor in nature and desirable. Council's concurrence with the Committee of Adjustment's decision 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. 2.8 In the case of the decision of Committee for A2005 -0040, as described in Section 2.1, Staff does not support the decision of the Committee of Adjustment, and recommend that the General Purpose and Administration Committee recommend to Council that the decision be appealed by the Municipality. Staff would request that Council authorize REPORT NO.: PSD- 130 -05 PAGE 5 Staff to defend its original recommendation, as put forward in the Final Report to the Committee of Adjustment, dated November 3, 2005. 2.9 In the case of the decision of Committee for A2005 -0044, as described in Section 2.4, Staff does not support the decision of the Committee of Adjustment. Staff have initiated the appeal process in order to comply with legislated timeframe for filing appeals. It is recommended that the General Purpose and Administration Committee recommend to Council that Council concur with Staffs decision to appeal this application to the Ontario Municipal Board. 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 October 20, 2005. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment #1 To Report #PSD- 130 -05 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: AIRD & BERLIS LLP OWNER: BERNHART ROTH PROPERTY LOCATION: 4648 FICES ROAD, DARLINGTON PART LOT 354, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005 -0042 PURPOSE: TO PERMIT THE ESTABLISHMENT OF NON - AGRICULTURAL - RELATED USES ON A VACANT LOT WITHIN AN AGRICULTURAL ZONE. THE USES INCLUDE OUTSIDE STORAGE OF VEHICLES AND A NON - AGRICULTURAL RELATED BUILDING. DECISION OF COMMITTEE: THAT AT THE REQUEST OF THE APPLICANT THE APPLICATION BE TABLED TO THE NOVEMBER 17, 2005 MEETING. DATE OF DECISION: October 20, 2005 LAST DAY OF APPEAL: November 9, 2005 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: MR. AND MRS. ZAUERHAGEN OWNER: MR. AND MRS. ZAUERHAGEN PROPERTY LOCATION: PART LOT 33, CONCESSION 2 FORMER TOWNSHIP OF DARLINGTON, 14 DECOE COURT, COURTICE FILE NO.: A2005 -0043 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK AND STAIRS BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 3 METRES AND BY INCREASING THE TOTAL LOT COVERAGE FROM 40% TO 48 %. DECISION OF COMMITTEE: THAT THE APPLICATION BE TABLED FOR A PERIOD OF NOT MORE THAN THREE MONTHS DATE OF DECISION: October 20, 2005 LAST DAY OF APPEAL: November 9, 2005 • beading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DANIAL DEWIT DANIAL DEWIT PROPERTY LOCATION: 2162 REGIONAL RD 3, ENNISKILLEN PART LOT 208, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005 -0044 PURPOSE: TO PERMIT THE EXPANSION OF A NON - COMPLYING ACCESSORY BUILDING BY INCREASING THE MAX. PEMITTED LOT COVERAGE FOR AN ACCESSORY BUILDING FROM 40% OF THE MAIN BUILDING TO 329 %, AND BY INCREASING THE MAX HEIGHT FROM 5 M TO 7.6 M. DECISION OF COMMITTEE: THAT THE APPLICATION BE APPROVED TO PERMIT EXPANSION OF NON - CONFORMING ACCESSORY BLDG BY INCREASING MAX LOT COVERAGE FOR ACCESSORY BLDG FROM 40% TO 141% OF MAIN BLDG & BY INCREASING HEIGHT OF EXISTING NON - CONFORMING ACCESSORY BLDG FROM 5 M TO 7.6 M AS IS DATE OF DECISION: LAST DAY OF APPEAL: October 20, 2005 November 9, 2005 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: RIDGE PINE PARK INC OWNER: RIDGE PINE PARK INC. PROPERTY LOCATION: PART LOT 313F, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON FILE NO.: A2005 -0045 PURPOSE: TO REDUCE THE MINIMUM REQUIRED SETBACK FROM ANY OTHER RESIDENTIAL OR INSTITUTIONAL BUILDING FROM 3.0 METRES PER STOREY TO 3.0 METRES PER TWO STOREYS. DECISION OF COMMITTEE: TO APPROVE APPLICATION TO REDUCE MIN SETBACK FROM OTHER STRUCTURE OR INSTITUTIONAL BUILDING FROM 3 M PER STOREY TO 3 M PER TWO STOREY FOR LOTS 974, 975, 976 & 977 AS SHOWN ON PLANS SUBMITTED BY APPLICANT AS IT IS MINOR & DESIRABLE IN NATURE & CONFORMS TO DATE OF DECISION: LAST DAY OF APPEAL: October 20, 2005 November 9, 2005 PERIODIC REPORT FOR ,rHE 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 ADDITIONAL ACCESSORY BUILDING BY INCREASING THE MAXIMUM PEMITTED LOT COVERAGE FOR ALL ACCESSORY BUILDINGS AND STRUCTURES FROM 40% OF THE MAIN BUILDING TO 68 %. DECISION OF COMMITTEE: To APPROVE the application to permit the construction of an accessory building by increasing the total lot coverage for accessory buildings and structures from 40% of the main building to 68% for the existing garage, pool deck and proposed 53.1 square metres accessory building as it is minor and desirable in nature and conforms to the official plan and zoning by -law DATE OF DECISION: LAST DAY OF APPEAL: November 3, 2005 November 23, 2005 • Leading the Way PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: KIERNAN VINCENT OWNER: KIERNAN VINCENT PROPERTY LOCATION: 54 TRUDEAU DRIVE, BOWMANVILLE PART LOT 101, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005 -0046 PURPOSE: TO PERMIT THE CONSTRUCTION OF A DECK BY REDUCING THE REQUIRED INTERIOR SIDE YARD SETBACK FROM 1.2 METRES TO 0.66 METRES, BY REDUCING THE REQUIRED REAR YARD SETBACK FROM 6 METRES TO 5.56 METRES, AND TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING BY REDUCING THE REQUIRED REAR AND SIDE YARD SETBACKS FROM 1.2 METRES TO 0.6 METRES, AND BY INCREASING THE TOTAL LOT COVERAGE FROM 45% TO 57 %. DECISION OF COMMITTEE: TO TABEL THE APPLICATION TO THE NEXT AVAILABLE MEETING. DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7, 2005