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Home My WebLink AboutPSD-143-05 Cl~.n REPORT PLANNING SERVICES Meeting: GENERAL PURPOSE AND ADMINISTRATIVE COMMITTEE Date: Monday, December 5, 2005 Report #: PSD-143-05 File #: A2005-0042, A2005-0046 A2005-0048, A2005-0049 A2005-0050 By-law #: C. fJ{) . l/"t:; J- (}co) , Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 17, 2005 RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-143-05 be received; and 2. THAT Council concurs with the decisions of the Committee of Adjustment made on November 17, 2005 for applications A2005-0042, A2005-0046, A2005-0048, A2005- 0049, and A2005-0050, and that Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment. Submitted by: J,j__ a i J. Crome, MCIP, R.P.P. Director of Planning Services \ Reviewed by: (. ) ~~~ ~ ' Franklin Wu, Chief Administrative Officer BR*CP*DJC*sh November 22, 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-143-05 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 and staff recommendations are summarized below. Application Number Staff Recommendation Decision of Committee A2005-0042 Deny Denied A2005-0046 Approve with modifications Approved with modifications A2005-0048 Approve Approved A2005-0049 Approve Approved A2005-0050 Approve Approved DECISIONS OF COMMITTEE OF ADJUSTMENT FOR NOVEMBER 17, 2005 2.0 COMMENTS 2.1 A2005-0042 was an application to vary from the definition of accessory use and the definition of accessory building or structure to permit a 45 square metre non- commercial, non-agricultural building and the outside storage of a maximum of ten (10) motor vehicles for a period of not more than three (3) years. The owner's request was to permit the use and building on a vacant lot adjacent to the owner's residence, and to consider the use and building accessory to the residence. Staff determined that this application proposed to permit the establishment of a use that is not exclusively devoted to a principle use located on the same lot, and would therefore permit the establishment of a new use which does not conform to the Official Plan or the Zoning By-law. In addition, the applicant did not demonstrate that the subject lot could not be combined with the adjacent residential lot, nor was it demonstrated that the uses and structures requested could not be carried out on the adjacent residential lot. Two neighbouring property owners spoke in favour of the application, and four provided letters in favour. Six people spoke in opposition to the application, and two provided verbal objections through telephone conversations. Committee agreed with Staff's recommendation to deny the application as it was not minor or desirable in nature, and was not in keeping with the intent of the Official Plan or the Zoning By-law. 2.2 A2005-0046 was an application to increase the maximum lot coverage for a lot from 45% to 57%, to permit the construction of an accessory building by reducing the REPORT NO.: PSD-143-05 PAGE 3 required rear and side yard setbacks from 1.2 metres to 0.6 metres, and to permit the construction of a deck by reducing the required rear yard setback from 6 metres to 5.56 metres, and by reducing the required interior side yard setback from 1.2 metres to 0.66 metres. The applicant constructed the deck with a floor height of approximately 2.3 metres above the grade of the rear yard. Staff supported the reduction of the side and rear yard for the accessory building, the reduction in the rear yard for the deck, and an increase in total lot coverage; however, as the deck was constructed at an elevation above the lot line fence, Staff could not support the further reduction of the interior side yard. Staff recalculated the total lot coverage excluding the portion of the deck which encroaches into the interior side yard and determined an increase in lot coverage of 54.5% was appropriate. A neighbouring property owner provided a letter in opposition to the application, as they felt their privacy in their rear yard was compromised. Staff recommended approval of the application to increase the lot coverage to 54.5%, to reduce the side and rear yard setbacks for an accessory building to 0.6 metres, and to reduce the rear yard setback to 5.56 metres, but did not recommend approval to reduce the interior side yard setback for the deck. Committee agreed with Staff and approved the application as recommended. 2.3 Applications A2005-0048, A2005-0049, and A2005-0050 were approved as applied for in keeping with Staff's recommendation. 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. Attachments: Attachment 1 - Periodic Report for the Committee of Adjustment Attachment 1 To Report PSD-143-05 CLf!!il1gron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: AIRD & BERLlS LLP BERNHART ROTH FILE NO.: 4648 FICES ROAD, DARLINGTON PART LOT 354, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2005-0042 PROPERTY LOCATION: PURPOSE: TO VARY FROM THE DEFINITION OF ACCESSORY USE AND ACCESSORY BUILDING OR STRUCTURE TO PERMIT A BUILDING OF 45 M2 AND THE OUTSIDE STORAGE OF A MAXIMUM OF 10 MOTOR VEHICLES FOR A PERIOD NOT MORE THAN THREE (3) YEARS. DECISION OF COMMITTEE: TO DENY THE APPLICATION TO VARY THE DEFINITION OF ACCESSORY USE AND ACCESSORY BUILDING OR STRUCTURE TO PERMIT A NON-COMMERCIAL, NON-AGRICULTURAL BUILDING OF 45 M2 AND THE OUTSIDE STORAGE OF A MAXIMUM OF 10 MOTOR VEHICLES FOR A PERIOD OF NOT MORE THAN THREE (3) YEARS AS IT IS NOT MINOR, NOT DESIRABLE, AND DOES NOT CONFORM TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7,2005 ~#Jgron PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: KIERNAN VINCENT 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 APPROVE THE APPLICATION TO INCREASE THE MAXIMUM LOT COVERAGE FROM 45% TO 54.5%, TO REDUCE THE REQUIRED SIDE AND REAR YARD SETBACK FOR AN ACCESSORY BUILDING TO 0.6 METRES AND TO REDUCE THE REAR YARD SETBACK FOR A DECK TO 5.56 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW AND TO DENY THE REDUCTION OF THE INTERIOR SIDE YARD SETBACK AS IT IS NOT MINOR AND NOT DESIRABLE. DATE OF DECISION: LAST DAY OF APPEAL: November 17, 2005 December 7,2005 ~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: DOUGLAS CRONK DOUGLAS CRONK PROPERTY LOCATION: 3618 LAKESHORE ROAD, CLARKE PART LOT 26BF, CONCESSION FORMER TOWN(SHIP) OF CLARKE FILE NO.: A2005-0048 PURPOSE: TO PERMIT THE CONSTRUCTION OF AN ENCLOSED PORCH BY REDUCING THE PERMITTED REAR YARD SETBACK FROM 3.96 METRES TO 1.2 METRES. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF AN ENCLOSED PORCH BY REDUCING THE REQUIRED REAR YARD SETBACK FROM A PERMITTED 3.96 METRES TO 1.2 METRES AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY-LAW. DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7, 2005 Cl~n PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: PAMELA MCINTOSH PAMELA MCINTOSH PROPERTY LOCATION: 138 ELGIN STREET, BOWMANVILLE PART LOT 122, CONCESSION FORMER TOWN(SHIP) OF BOWMANVILLE FILE NO.: A2005-0049 PURPOSE: TO PERMIT THE EXPANSION OF AN EXISTING HOME BY REDUCING THE REAR YARD SETBACK FROM 7.5 METRES TO 6.4 METRES AND TO INCREASE THE TOTAL LOT COVERAGE FROM 40% TO 46.5%. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE EXPANSION OF AN EXISTING HOME BY REDUCING THE REQUIRED REAR YARD SETBACK TO 6.4 METRES AND TO INCREASE THE TOTAL LOT COVERAGE TO 46.5% AS IT IS MINOR AND DESIRABLE IN NATURE AND CONFORMS TO THE OFFICIAL PLAN AND ZONING BY- LAW. DATE OF DECISION: November 17, 2005 LAST DAY OF APPEAL: December 7,2005 Cl~ PERIODIC REPORT FOR THE COMMITTEE OF ADJUSTMENT APPLICANT: OWNER: ZYGMUNT PICUR ZYGMUNT PICUR FILE NO.: 3411 TOOLEY ROAD, COURTICE PART LOT 333, CONCESSION FORMER TOWN(SHIP) OF DARLINGTON A2005-0050 PROPERTY LOCATION: PURPOSE: TO PERMIT THE CONSTRUCTION OF A SINGLE DETACHED DWELLING BY INCREASING THE MAXIMUM PERMITTED BUILDING HEIGHT FROM 10.5 METRES TO 10.9 METRES AND TO PERMIT A SECOND KITCHEN WITHIN A SINGLE DETACHED DWELLING. DECISION OF COMMITTEE: TO APPROVE THE APPLICATION TO PERMIT THE CONSTRUCTION OF A HOME BY INCREASING THE MAXIMUM HEIGHT TO 10.9 METRES AND TO PERMIT THE ADDITION OF A SECOND KITCHEN FOR A SINGLE DWELLING UNIT SUBJECT TO THE APPLICANT RECEIVING WRITTEN APPROVAL FROM THE DURHAM REGIONAL HEALTH DEPARTMENT PRIOR TO THE LAST DAY OF APPEAL IS RECOMMENDED 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 17, 2005 December 7,2005