HomeMy WebLinkAboutPSD-006-16 Clarington
Planning Services
Report
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Report To: Planning and Development Committee
Date of Meeting: January 11, 2016
Report Number: PSD-006-16 Resolution Number: ' -. 0\ m
File Number: A2015-0044 By-law Number:
Report Subject: Appeal to the Ontario Municipal Board of a Decision of the
Committee of Adjustment of November 5, 2015
Recommendations:
1. That Report PSD-006-16 be received; and
2. That Council concurs with the decision of the Committee of Adjustment made on
November 5, 2015 for Application A2015-0044 and that staff be authorized to appear
before the Ontario Municipal Board to defend the decision of the Committee of
Adjustment.
Municipality of Clarington
Report PSD-006-16 Page 2
Report Overview
Staff are seeking Council's authorization to appear before a hearing of the Ontario Municipal
Board to defend the Committee of Adjustment's decision to deny an application for a minor
variance to Zoning By-law 2005-109.
1 . Application Details
1.1. Owner: Mr. Terrence Timmins
1.2. Applicant: D.G. Biddle & Associates Ltd.
1.3. Agent: Mr. Michael Fry
1.4. Proposal: To legalize an existing accessory building by allowing for:
• human habitation;
• an increased maximum permitted height from 5 metres to
7.54 metres; and
• an increased maximum permitted total floor area from 120
square metres to 234.39 square metres.
1.5. Area: 57.87 hectares
1.6. Location: 7700 Brown Road
Part Lot 35, Concession 7
Former Township of Clarke
2. Background
2.1 On June 30, 2015, Mr. Michael Fry of D.G Biddle Ltd., on behalf of Mr. Terrence
Timmins, submitted an application for a minor variance to Zoning By-law 2005-109 to
legalize an existing accessory building at Mr. Timmins' property located at 7700 Brown
Road in the Former Township of Clarke. The minor variance application sought relief
from the By-law to permit human habitation in the accessory building, to increase the
maximum permitted height from 5 metres to 7.54 metres and to increase the maximum
permitted floor area in an accessory building from 120 square metres to 234.39 square
metres.
2.2 The accessory building as proposed, is for a pool house, however, building plans
submitted with the minor variance application shows that it is equipped with four
washrooms, a separate fridge/freezer room, a theatre room, recreation room and two
change rooms/reading rooms over 3 finished floors. A staff site visit revealed that the
building also includes kitchen cabinets and counters.
2.3 The accessory building was constructed without a building permit. No application has
been made for a building permit; only for the minor variance application. On June 3,
2015, the Chief Building Official issued an Order to Comply under the Ontario Building
Code to cease further construction and to obtain a building permit.
Municipality of Clarington
Report PSD-006-16 Page 3
2.4 The application for Minor Variance was heard by the Committee of Adjustment at two
separate meetings. At the first meeting held on July 16, 2015, Staff recommended denial
of the variance based on the Zoning By-law provision requiring accessory buildings to be
"incidental, subordinate and exclusively devoted to the principle building, structure or use
located on the same lot". Additionally, the By-law provides that "an accessory building or
structure shall not be used for human habitation". The size of the building is 234.39
square metres (2,523 square feet); this exceeds the Zoning By-law requirements by
114.39 square metres or 95 percent. It also exceeds the height requirements by 2.54
metres. The applicant had requested a tabling of the application to a future meeting in
order to have an opportunity to speak to staff regarding alternatives. The Committee
approved the request for tabling.
Figure 1: View of existing accessory building from the side and rear
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Figure 2: Existing accessory building showing fire place and covered seating area
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Municipality of Clarington
Report PSD-006-16 Page 4
Figure 3: View of the main floor interior of the existing accessory building
2.5 Staff subsequently contacted the applicant on two occasions to encourage a meeting to
discuss the proposal. The applicant did not make themselves available to meet with staff
and eventually requested that the application be heard with no changes from the initial
proposal. The Committee approved staff's recommendations at the November 5, 2015
meeting and the application was denied.
2.6 The applicant appealed the decision of the Committee of Adjustment to the Ontario
Municipal Board on November 23, 2015.
2.7 In the first week of December 2015, the Chief Building Official charged the applicant,
under the Ontario Building Code, for building a structure without a building permit.
3. Discussion
3.1 Staff recommended a denial of the Minor Variance application as it did not to fulfill the
intent of the Official Plan and Zoning By-law and was not minor in nature. Given that the
accessory building has facilities that could enable human habitation in addition to the
substantial increase to the size of the building in floor area and height over what is
permitted in the By-law, staff were of the opinion that it could reasonably function as a
second dwelling on the lot and was not accessory to the principal use on the property.
3.2 The applicant appealed the Committee's decision on the basis that the applicant
disagreed with staff's interpretation that the building would function as a habitable
dwelling and that the proposal did in fact meet the intent of the Official Plan and Zoning
By-law and was minor in nature and desirable, largely because of the large rural lot on
which it is situated.
Municipality of Clarington
Report PSD-006-16 Page 5
4. Purpose of Report
4.1 The purpose of this report is to seek Council's authorization to enable staff to attend a
hearing of the Ontario Municipal Board to defend the Committee of Adjustment's decision
to deny an application for a minor variance.
5. Strategic Plan Application
Not applicable.
Submitted by. Reviewed by:
DAviKd. Crome, MCIP, RPP Franklin Wu,
Director of Planning Services Chief Administrative Officer
Staff Contact: David Addington, Planner I, 905-623-3379 ext. 2419 or
daddington(aD-clarington.net
DA/CP/SN/df
The following is a list of the interested parties to be notified of Council's decision:
Michael Fry
Terrence Timmins
Paul Allore, Chair of Committee of Adjustment