MUNICIPALITY OF PORT HOPE COMMITTEE OF ADJUSTMENT MINUTES

Transcription

1 Consent Agenda Sept 1 15 MUNICIPALITY OF PORT HOPE COMMITTEE OF ADJUSTMENT MINUTES Minutes of Regular Meeting of the Committee of Adjustment held on at 4:30 p.m. at the Canton Municipal Office, 5325 County Road No. 10. Present: Staff Present: Brad Mills, Marilyn Curson, Lynn Brown, Gwen Brice and Anita Blackwood Connie Martinell, Secretary-Treasurer Karen Kynaston, Secretary-Treasurer Anita Blackwood, Vice-Chair called the meeting to order at 4:30 p.m. 1. Approval of Agenda CA 06/15 Moved by Brad Mills Seconded by Gwen Brice Be it resolved that the agenda be approved as circulated. 2. Disclosure of Pecuniary Interest Brad Mills declared a conflict of interest on agenda item 4.2 pertaining to Minor Variance Application A02/15 by James Scott Harris and Melissa Holmes as he had a personal conflict involving a family member and the applicants and did not participate in discussion or voting on the matter. 3. Appointment of Officers Chairperson and Vice-Chairperson Anita Blackwood, Interim Chairperson turned the Chair over to Connie Martinell for the Appointment of Officers. CA 07/15 Seconded by Lynn Brown Be it resolved that this Committee appoint the Interim Chairperson Anita Blackwood as Chairperson for the Committee of Adjustment until November 30, 2018 or until such time as a successor has been appointed by Committee Members. Committee of Adjustment Minutes Page 1 of 7

2 CA 08/15 Seconded by Gwen Brice Be it resolved that this Committee appoint Lynn Brown as Vice-Chairperson for the Committee of Adjustment until November 30, 2018 or until such time as a successor has been appointed by Committee Members. Election of Officers for the position of Chairperson and Vice-Chair concluded and Connie Martinell turned the Chair over to Anita Blackwood, Chairperson. 4. Minutes 4.1 Regular Meeting Minutes of March 19, Copy previously circulated. CA 09/15 Seconded by Lynn Brown Be it resolved that this Committee approve and adopt the Regular Meeting Minutes of March 19, 2015 as circulated. 5. Applications Scheduled for Hearing 5.1 4:35 p.m. - A01/15 Dan Elliott, 8 Elgin Street North The proposed application is for minor variances for land described as being Lot 11, Block E, Plan 26, and municipally known as 8 Elgin Street North in Ward 1 of the Municipality of Port Hope, from the provisions of Zoning By-law 20/2010, being a By-law to regulate land use in respect of Part 4 General Provisions, Section Accessory Buildings, Structures and Uses, Table 4.1: Provisions for Urban Residential, Commercial, Employment and Institutional Zones RES1 Zone: 1. Maximum height for detached private garage from 5.0 metres to 5.60 metres to accommodate the height of a fifth wheel trailer to be stored in the proposed detached private garage; and 2. Maximum floor area for any accessory buildings and structures from 10% of the lot area to 12% of the lot area to accommodate storage of a fifth wheel trailer, antique vehicle and other items in the proposed detached private garage. The existing detached garage located on the south side of the existing dwelling will be demolished and replaced with a new detached garage. Committee of Adjustment Minutes Page 2 of 7

3 The subject lands are currently designated Low Density Residential in accordance with the Municipality of Port Hope Official Plan and zoned Low Density Residential One Type One RES1-1 Zone in accordance with the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. The Applicant Dan Elliott was in attendance. Comments received and distributed were reviewed from the following: Works & Engineering Has no concerns or objections. Planning & Development Services Does not object to the minor variance application subject to the condition of the existing garage to be demolished within three months of issuance of the building permit for the new garage. Upon review of the application by the Planning Department, it was determined that a subsequent minor variance is required from section Driveways in Residential Zones, Maximum and Minimum Driveway Width, Maximum Width of Driveway at streetline in residential zones of 6.1 metres to 6.6 metres to recognize the existing width of the driveway at streetline. Ganaraska Region Conservation Authority No objection to the approval with regard to matters under the jurisdiction and mandate of the Conservation Authority. Union Gas No issues Veridian Connections No objection to the proposed development. Letter of support received from Emily Demoe, 94 Ward Street, Port Hope in support of the plan to build a garage on the applicant s property. Discussion: Location of the proposed new detached garage in relation to presence of trees/roots Measurement of the roof height Committee acknowledged the additional minor variance to accommodate the current driveway width as noted in the Planner s Report. The Application for Minor Variance was amended by the Applicant to include the additional required minor variance. Committee requested it be noted in the Minutes that there was no representation from 92 Ward Street present at the meeting. Committee of Adjustment Minutes Page 3 of 7

4 CA 10/15 Moved by Lynn Brown Seconded by Brad Mills Be it resolved that this Committee approve application A01/15 by Dan Elliott for minor variances from the Maximum Height for detached private garage from 5.0 metres as set out in Table 4.1 of Zoning By-law 20/2010, as amended, to 5.60 metres to accommodate the height of a fifth wheel trailer to be stored in the proposed detached private garage; and from the Maximum floor area for any accessory buildings and structures from 10% of the lot area as set out in Table 4.1 of Zoning By-law 20/2010, as amended, to 12% of the lot area to accommodate storage of a fifth wheel trailer, antique vehicle and other items in the proposed detached private garage and from the Maximum Width of Driveway at streetline in residential zones of 6.1 metres as set out in Section of Zoning By-law 20/2010, as amended, to 6.6 metres to recognize the existing width of the driveway at streetline. Conditions of Approval: 1. The applicant provide a letter of undertaking to the satisfaction of the Building Department confirming that the existing detached garage located on the south side of the existing dwelling will be demolished, and all debris properly disposed of, within three months from the date of issuance of the demolition permit. Reasons for Decision 1. The requested minor variances are felt to be minor in nature. 2. The requested minor variances are felt to be desirable for the appropriate development of the land. 3. The general intent and purpose of the Official Plan will be maintained. 4. The general intent and purpose of the Zoning By-law 20/2010, as amended will be maintained. 5. The requested minor variances are required to permit the construction of a new detached private garage with increased height and floor area to accommodate a fifth wheel trailer, antique vehicle and other items to be stored inside and to recognize the existing width of the driveway at the streetline. The delegation was excused at 4:45 p.m :45 p.m. - A02/15 James Scott Harris and Melissa Holmes, 23 Baldwin Street Brad Mills declared a conflict of interest on agenda item 4.2 pertaining to Minor Variance Application A02/15 by James Scott Harris and Melissa Holmes as he had a personal conflict involving a family member and the applicants and did not participate in discussion and refrained from voting on the matter. Committee of Adjustment Minutes Page 4 of 7

5 The proposed application is for minor variances for land described as being Part of Lot 4, Baldwin Plan, Part of Town Plot Lot 91 and more particularly described as Part 1 of Plan No. 9R1384 and municipally known as 23 Baldwin Street in Ward 1 of the Municipality of Port Hope, from the provisions of Zoning By-law 20/2010, being a By-law to regulate land use in respect of Part 4 General Provisions, Section Accessory Buildings, Structures and Uses, Table 4.1: Provisions for Urban Residential, Commercial, Employment and Institutional Zones RES1 Zone: 1. Minimum required interior side yard setback of 1.2 metres (3.94 feet) to 0.0 metres (0 feet) and the rear lot line setback of 1.2 meters (3.94 feet) to 0.61 meters (2 feet) to recognize the reduced setbacks of the existing detached garage. 2. Minimum required setback from rear lot line of 1.2 metres (3.94 feet) to 0.61 metres (2 feet) to permit a proposed shed to be attached to the existing detached garage. The subject lands are currently designated Low Density Residential in accordance with the Municipality of Port Hope Official Plan and zoned Low Density Residential One Type Two RES1-2 Zone in accordance with the Municipality of Port Hope s Comprehensive Zoning By-law 20/2010, as amended. The Applicant James Scott Harris was not in attendance. Comments received and distributed were reviewed from the following: Works & Engineering Has no concerns or objections. Planning Services Does not object to the minor variance application. Ganaraska Region Conservation Authority No objection to the approval with regard to matters under the jurisdiction and mandate of the Conservation Authority. Union Gas No issues. Veridian Connections Has no comment on the application. Discussion: Other existing legal non-complying Zoning By-law provisions and grandfathering provisions which applicants are encouraged to clean up at time of an application. Committee of Adjustment Minutes Page 5 of 7

6 CA 11/15 Moved by Gwen Brice Seconded by Marilyn Curson Be it resolved that this Committee approve application A02/15 by James Scott Harris and Melissa Holmes for minor variances from the Minimum Required Interior Side Yard setback of 1.2 metres (3.94 feet) as set out in Table 4.1 of Zoning By-law 20/2010, as amended, to 0.0 metres (0 feet) and the Minimum Rear Lot Line setback of 1.2 meters (3.94 feet) as set out in Table 4.1 of Zoning By-law 20/2010, as amended, to 0.61 meters (2 feet) and the Minimum Required Setback from Rear Lot Line of 1.2 metres (3.94 feet) as set out in Table 4.1 of Zoning By-law 20/2010, as amended, to 0.61 metres (2 feet), to recognize the reduced setbacks of the existing detached garage and to permit a proposed shed to be attached to the existing detached garage. Conditions of Approval: None Reasons for Decision 1. The requested minor variances are felt to be minor in nature. 2. The requested minor variances are felt to be desirable for the appropriate development of the land. 3. The general intent and purpose of the Official Plan will be maintained. 4. The general intent and purpose of the Zoning By-law 20/2010, as amended will be maintained. 5. The requested minor variances are required to recognize the reduced setbacks of the existing detached garage and to permit a proposed shed to be attached to the existing detached garage. 6. Applications/Items tabled from Previous Meeting 6.1 A03/14 - Christopher Wallace on behalf of Grace Brown Goldstein, 354 Lakeshore Road Application was originally tabled to January 15, 2015 and subsequently tabled to June 18, An was received from Mike Goldstein on June 4, 2015 advising that the above application is being withdrawn and requests consideration be given for a full or partial refund of the fees paid. Mr. Goldstein was in attendance at the meeting to set the record straight for the Committee Members relating to the placement of the septic tank/septic bed. The drawing submitted by the applicant on behalf of Mr. Goldstein was an approximate and estimated location of the septic tank/septic bed. The septic tank was recently pumped out and it is closer to the house than the drawing and likely the Health Unit would still likely object to the minor variance application due to more accurate location. Committee of Adjustment Minutes Page 6 of 7

7 Connie Martinell, Secretary-Treasurer suggested that further consideration for tabling of the application would permit the applicant the opportunity to follow up with the Health Unit based upon the new information regarding the location of the septic tank/septic bed. Mr. Goldstein indicated that although it may still be too costly to address the septic issues and that he would still likely end up withdrawing his application, that he would contact the Health Unit and advise the Committee further of intentions. CA 12/15 Seconded by Brad Mills Be it resolved that this Committee table Minor Variance Application File A03/14 by Grace Brown Goldstein, 354 Lakeshore Road, for minor variances from the provisions of the Low Density Residential One Type One RES1-1 Zone under Zoning By-Law 20//2010, as amended, for one month to the next Committee meeting of July 16, 2015 pending the outcome of further discussions between Mr. Goldstein and the Health Unit. Mike Goldstein was excused at 5:15 p.m. 7. Correspondence 7.1 Letter dated April 7, 2015 received from the Ontario Municipal Board, regarding Case and File Number PL141450, Application Number A05/14, Monica Grainger, 3 Gibson Place. Appeal was withdrawn and the file is closed. Received for information purposes. 8. New and Other Business 8.1 Staff provided a verbal report on the Local Board/Committee Open House held June 3, 2015 providing an opportunity for the public to find out more information on the Committee of Adjustment and other Council appointed committees, including the creation of three new Council appointed committees. Anita Blackwood, Chairperson and Karen Kynaston, Secretary-Treasurer attended the Open House on behalf of the Committee of Adjustment. 9. Business from Committee Members 9.1 Brad Mills expressed his appreciation of the support of Committee Members during his absence due to health reasons and requested it be noted on record. 10. Next Regular Meeting Thursday, July 16, 2015 at 4:30 p.m. at the Town Hall, 56 Queen Street. Submission deadline was Monday, June 15, Meeting adjourned at 5:20 p.m. Committee of Adjustment Minutes Page 7 of 7