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Home My WebLink AboutPD-112-99 ; . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # ])I 3co Res. #CfJlI~ -17 Date: Monday, October 4, 1999 Report #: PD-112-99 FILE #: A99/042, & A99/048 to A99/052, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF SEPTEMBER 23, 1999 FILE NO'S.: A99/042 & A99/048 TO A99/052, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-112-99 be received ; 2. THAT Council concur with the decisions of the Committee of Adjustment made on September 23, 1999 for applications A99/042 and A99/048 to A99/052, inclusive; and 3. THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/042, A99/048 to A99- 050 inclusive, and A99/052, 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 A99/042, A99/049, A99/050 and A99/052 were APPROVED as applied for. Applications A99/049 and A99/050 were required as a condition of approval for concurrent Land Division applications LD 260/99 and LD 141/99 respectively. 3. Application A99/048 was TABLED at Central Lake Ontario Conservation's request, for a maximum of sixty (60) days, to allow the applicant time to enter into a new SaveIHarmiess Agreement and to obtain the necessary engineering information regarding 01-9 .' REPORT NO.: P[)..112.99 PAGE 2 the building construction. A change in the footprint of the dwelling's addition may change the variance required by the applicant. 4. Application A99/051, an application for reduction in exterior side yard from 6 metres to 4.56 metres, was DENIED as the application was not deemed to be minor and desirable. When making the decision the Committee considered the following: that the necessity for the variance was one of convenience or monetary gain; that compliance with the strict letter of the By-law is not unreasonable or impossible; and the applicant can make reasonable use of the property while in compliance with the By-law. Although the approval was not consistent with Staff's recommendation, it is Staff's opinion that it would not be prudent for the Municipality to appeal the application. The applicant has the opportunity to file an appeal to the Ontario Municipal Board (OMB), if they wish. In the event of an appeal, Staff may be subpoenaed to appear at the OMB to give Planning evidence. The Committee of Adjustment has not always concurred with Staff's recommendation. It has not been Council's past practice to appeal these decisions leaving that option with the applicant. 5. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No.1. 6. 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. 7. 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. 630 REPORT NO.: PD-112-99 PAGE 3 Respectfully submitted, Reviewed by, cl r ~-::~ Franklin Wu, M.C.I.P., RP.P., Chief Administrative Officer David me, .C.I.P., R.P.P. Director of Planning & Development SL *DJC*cc 27 September 1999 Attach. , .! , b31 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99j042 ******************** APPLICANT: ROUGHLEY, JOHN D & DORIS C AGENT: SCOTT, JAMES A. PROPERTY DESCRIPTION 5 FREDERICK AVENUE PART LOT: 13 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 23-Sep-99 DECISION: APPROVED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING DWELLING WITH AN EASTERLY SIDE YARD SETBACK OF .58 METRE (1.92 FT), INSTEAD OF THE REQUIRED 1.2 METRES (3.94 FEET) AND A WESTERLY SIDE YARD SETBACK OF 2.63 METRE (8.63 FT), INSTEAD OF THE REQUIRED 4.5 METRE (14.76 FEET). 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. 0)2 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/048 ******************** APPLICANT: BROWN-READ, CHRISTINE AND READ, PAUL AGENT: PROPERTY DESCRIPTION 49 WEST BEACH ROAD PART LOT: 10 CONCESSION: BF TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: RS-l & EP HEARING DATE: 23-Sep-99 DECISION: TABLED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO REDUCE THE WESTERLY INTERIOR SIDE YARD SETBACK FROM THE REQUIRED 3 METRES (9.84 FT) TO 1.2 METRES (3.94 FT) TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING REASON FOR DECISION: THAT THE APPLICATION BE TABLED FOR A MAXIMUM OF 60 DAYS TO ALLOW THE APPLICANT TIME TO SATISFY THE REQUIREMENTS OF CLOC. 0)) THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/049 ******************** APPLICANT: CELESTIAL HOMES INC. C/O TOM TESTER AGENT: PROPERTY DESCRIPTION 15 TOWNLINE ROAD SOUTH PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R1 HEARING DATE: 23-Sep-99 DECISION: APPROVED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO REDUCE THE LOT FRONTAGE FROM THE REQUIRED 15 METRES (49.2 FT) TO 14.88 METRES (48.8 FT) TO PERMIT THE SEVERANCE OF A PROPOSED RESIDENTIAL LOT 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. 0)4 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/050 ******************** APPLICANT: WEBB, JOAN AGENT: POLLITT, GEORGE T. PROPERTY DESCRIPTION 4645 DARLINGTON CLARKE TOWNLINE RD PART LOT: 35 CONCESSION: 8 TOWNSHIP: CLARKE PLAN NUMBER: ZONING: A HEARING DATE: 23-Sep-99 DECISION: APPROVED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO RETAIN AN EXISTING ACCESSORY STRUCTURE WITH A TOTAL FLOOR AREA OF 129 SQ M (1387 SQ FT) OR 51% OF THE MAIN BUILDING'S TOTAL FLOOR AREA, INSTEAD OF THE MAXIMUM PERMITTED 40% OR 101 SQ M (1090 SQ FT) 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. ojJ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/051 ******************** APPLICANT: 1370432 ONTARIO INC. OIA LIZA HOMES AGENT: DARYL HUDGIN PROPERTY DESCRIPTION 121 CECIL FOUND CRESCENT PART LOT: 30 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1945 -1 ZONING: R2 HEARING DATE: 23-Sep-99 DECISION: DENIED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EXTERIOR SIDE YARD SETBACK OF 4.56 METRE (14.96 FT), INSTEAD OF THE REQUIRED 6 METRES (19.7 FT). REASON FOR DECISION: THAT AS THE APPLICATION IS NOT MINOR AND DESIRABLE, THE APPLICATION BE DENIED. / oJO THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/052 ******************** APPLICANT: HALIMNEN, LISA AGENT: HALMINEN, PAUL PROPERTY DESCRIPTION 615 MILL STREET SOUTH PART LOT: 27 CONCESSION: BF TOWNSHIP: CLARKE PLAN NUMBER: ZONING: RC-1 & A1 HEARING DATE: 23-Sep-99 DECISION: APPROVED APPEAL DATE: 13-0ct-99 MINOR VARIANCE: TO PERMIT A 0.27 HA (0.67 AC) AGRICULTURAL EXCEPTION (A-1) ZONED PARCEL TO BE ADDED TO AN EXISTING LOT KNOWN AS 615 MILL ST. S. (CREATED BY LD 175/96) ZONED RURAL CLUSTER EXCEPTION (RC-1). THE MINIMUM REQUIRED IS 40 HA (98.8 AC). 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. ojl