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Home My WebLink AboutPD-105-99 " '<'1!r':""':""" -' &.'~ ....''$ ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON > REPORT Date: _ Monday, September 23,1999 File # J) j 3co Res. itC~/If-4dH-/f9 Meeting: General Purpose and Administration Committee Report #: PD-I05-99 FILE #: A99/030, A99/034 & A99/036 to A99/041, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 9, 1999 FILE NO'S.: A99/030, A99/034 & A99/036 TO A99/041, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-l 05-99 be received ; 2. THAT Council concur with the decisions of the Committee of Adjustment made on September 9, 1999 for applications A99/030, A99/034 and A99/036 to A99/04l, inclusive; and 3. THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/030, A99/034 and A99/036 to A99/04l, inclusive, in the event of an appeal. 1. In accordance with Section 45 of the Planning Act R.S.O. 1990, all applications received by the Municipality for minor variance are scheduled to be heard within 30 days of being received by the Secretary Treasurer. The decisions of the Committee are detailed below. 2. Applications A99/030 and A99/036 were APPROVED as applied for. 3. Application A99/034 was previously TABLED at the August 12, 1999 meeting to allow the applicant time to post the sign in accordance with the Planning Act requirements. This application was APPROVED as applied for, subject to the applicant submitting a written clearance from the Clarington Public Works Department for the landscaping modifications pertaining to lot grading and drainage within 90 days of the Committee's decision. 631 "" ' ~ ~ < PAGE 2 REPORT NO.: PO.105.99 4. Application A99/037 was APPROVED as applied for, subject to the applicant obtaining a building permit within ninety (90) days of the Committee's decision and completing the work within one year. The application was required as a condition of approval for LD 244/98. 5. Applications A99/038 was APPROVED as applied for, subject to the existing shed being brought into compliance with the Zoning By-law or the minor variance granted within ninety (90) days of the Committee's decision. 6. Application A99/039 was APPROVED as applied for a set oflinked dwellings to have an exterior side yard setback of 4.2 metres, subject to the driveway and curbcut being outside the sight triangle formed by the intersection of Daisey field and Firwood Avenues.. 7. AppliCation A99/040 was APPROVED for a set oflinked dwellings to have an exterior side yard setback of3.25 metres. With the approval of A99/039 and A99/040, Committee asked that the minutes reflect that the approval of these two minor variances for reduction in exterior side yard setback was given with great reservation and that the decisions would not be considered precedent setting for the remainder of the comer lots within this plan of subdivision. 8. Application A99/041 was APPROVED as applied for, subject to the applicant removing the two easterly existing sheds within 6 months of the issuance of the building permit for the new accessory building. 9. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 638 \..- ;X- REPORT NO.: PO-105-99 PAGE 3 10. Staff have reviewed the Committee's decisions and are satisfied that the applications which received approval are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and minor in nature and desirable. 11. Council's concurrence with the Committee of Adjustment decisions 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. Respectfully submitted, Reviewed by, Or~~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer Davi J me, M.C.I.P., R.P.P. Director of Planning & Development SL *DJC*cc 13 September 1999 Attach. 639 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/030 ******************** APPLICANT: WOOD, EARL LAWRENCE AGENT: CUREATZ, SAM L. PROPERTY DESCRIPTION 5831 OCHONSKI ROAD PART LOT: 30 CONCESSION: 5 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: EP HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO REDUCE THE REQUIRED SETBACK FROM THE ENVIRONMENTAL PROTECTION ZONE FROM 3 METRES TO 0 METRES TO RECOGNIZE AN EXISTING IN-GROUND SWIMMING POOL AND AN EXISTING GARAGE. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 040 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/034 ******************** APPLICANT: BROCKINGTON, CHRIS AND KATHRINE AGENT: PROPERTY DESCRIPTION 26 AVONDALE DR PART LOT: 30 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1820 -16 ZONING: R2 HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING SHED WITH AN INTERIOR SIDE YARD SETBACK AND A SEPARATION DISTANCE FROM THE MAIN BUILDING OF 0.10 M (4 INCHES), INSTEAD OF THE REQUIRED 1.2 M (4 FEET). REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & BY-LAW, & DEEMED MINOR & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO MODIFICATIONS REQUIRED BY WORKS BEING RESOLVED WITHIN 90 DAYS OF THIS DECISION. u41 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/036 ******************** APPLICANT: PRESTON, DONNA AGENT: PROPERTY DESCRIPTION 12 REHDER AVE PART LOT: 13 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A CARPORT AND SUNROOM WITH AN INTERIOR SIDE YARD SETBACK OF 0.47 METRES (1.54 FEET), INSTEAD OF THE REQUIRED 1.2 M (3.94 FEET) INTERIOR SIDE YARD SETBACK REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 042 " . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/037 ******************** APPLICANT: JANSSEN, INGRID AGENT: PROPERTY DESCRIPTION 2250 TAUNTON ROAD EAST PART LOT: 19 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: RH HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO PERMIT THE APPLICANT TO RETAIN A 86.95 SQUARE METRES (936 SQ.FT.) ACCESSORY BUILDING. THE MAXIMUM PERMITTED IS 45.89 SQUARE METRES (494 SQ.FT.) REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE OP & BY-LAW & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO THE APPLICANT OBTAINING A BUILDING PERMIT WITHIN 90 DAYS & COMPLETING THE WORK WITHIN 1 YEAR. U4) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99j038 ******************** APPLICANT: OLIVIERI, LEO AGENT: PROPERTY DESCRIPTION 180 ANDREW STREET PART LOT: 26 CONCESSION: 2 TOWNSHIP: NEWCASTLE PLAN NUMBER: 10M-827 -22 ZONING: R1 HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ACCESSORY BUILDING WITH AN EXTERIOR SIDE YARD SETBACK OF 1.2 M (4 FT.), INSTEAD OF THE REQUIRED 6 M SETBACK. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE OP & BY-LAW & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO THE EXISTING SHED BEING BROUGHT INTO COMPLIANCE WITHIN 90 DAYS OF THIS DECISION. , ,1 Uq~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/039 ******************** APPLICANT: DAISEYFIELD DEVELOPMENTS AGENT: PROPERTY DESCRIPTION 84 DAISEYFIELD AVENUE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1954 -14R ZONING: R1 HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED/LINKED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.2 METRES (13.77 FT.), INSTEAD OF THE REQUIRED 6 M (19.68 FT.) SETBACK. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE OP & BY-LAW & IS DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED FOR EXTERIOR SIDE YARD SETBACK OF 4.2 M, SUBJECT TO THE DRIVEWAY & CURB CUT BEING OUTSIDE THE SIGHT TRIANGLE. 04J THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/040 ******************** APPLICANT: DAISEYFIELD DEVELOPMENTS AGENT: PROPERTY DESCRIPTION 22 DAISEYFIELD AVENUE PART LOT: 31 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1954 -4L ZONING: Rl HEARING DATE: 9-Sep-99 DECISION: APPROVED APPEAL DATE: 29-Sep-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A SEMI-DETACHED/LINKED DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 3.25 METRES (10.66 FT.), INSTEAD OF THE REQUIRED 6 M (19.68 FT.) SETBACK. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE, THE APPLICATION BE APPROVED FOR EXTERIOR SIDE YARD SETBACK OF 3.25 METRES. , / O~O , ' THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/041 ******************** APPLICANT: RAMSEY, MIKE AGENT: PROPERTY DESCRIPTION 29 FIRNER STREET PART LOT: 31 CONCESSION: 4 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: RH & A HEARING DATE: 9-Sep-99 APPEAL DATE: 29-Sep-99 DECISION: APPROVED MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A 111.48 SQ M (1200 SQ FT.) ACCESSORY BUILDING IN ADDITION TO AN EXISTING 11.1 SQ. M (120 SQ.FT.) SHED, WHICH WOULD INCREASE THE TOTAL LOT COVERAGE FOR ACCESSORY BUILDINGS FROM 40% TO 53%. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED IN CONFORMITY WITH THE 0 P & BY-LAW & DEEMED TO BE MINOR & DESIRABLE, THE APPLICATION BE APPROVED SUBJECT TO REMOVAL OF TWO EASTERLY EXISTING SHEDS WITHIN 6 MONTHS OF RECEIVING PERMIT FOR NEW ACC. BLDG. u41