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Home My WebLink AboutPD-116-99 . 1 ~ THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File # 7)/5 ~D Res. # (;jl/1-t/1 /-17 Date: Monday, October 18, 1999 Report #: PD-116-99 FILE #: A99/053 to A99/058, inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF OCTOBER 7, 1999 FILE NO'S.: A99/053 TO A99/058, INCLUSIVE Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: ~ 1. THAT Report PD-116-99 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on October 7, 1999 for applications A99/053 to A99/058 inclusive; and 3. THAT Staffbe authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/053 to A99/055 inclusive, A99/057 and A99/058, 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 A99/053, A99/055 and A99/057 were APPROVED as applied for. 3. Applications A99/054 was TABLED to allow the applicant time to post the required notice in accordance with the Planning Act requirements. 4. Application A99/056, an application for recognition of an existing deck having a westerly interior side yard setback of 0.4 metres and to permit the expansion of this deck 619 . REPORT NO.: PD.116-99 PAGE 2 maintaining the same 0.4 metre westerly side yard setback and reducing the rear yard setback to 5.85 metres was DENIED. The existing deck is located in the interior side yard, approximately 6 feet from a bedroom window of the abutting dwelling unit. Privacy was the key issue that the abutting property owner wanted addressed. Lattice screening was discussed but was not considered adequate for sound suppression. The applicant has sufficient rear yard to construct a deck in compliance with the Zoning 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 so 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 Gouncil's practice to appeal these decisions leaving that option with the applicant. 5. Application A99/058 was APPROVED as applied for subject to a geotechnical study being completed by the applicant, to the satisfaction of CLOC as well as receiving Regional Health Unit approval for the newly installed holding tank, prior to the issuance of a building permit. 6. The purpose of each ruinor variance application and the Comruittee's decisions are detailed in Attachment No.1. 7. Staff have reviewed the Comruittee'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. 620 REPORT NO.: PD-116-99 PAGE 3 8. 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, d fvJ-J2J2~c0.lL Crome, M.C.I.P., R.P.P. r of Planning & Development Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer SL *DJC*cc 12 October 1999 Attach. 621 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/053 ******************** APPLICANT: ROSSI, RICK & HEATHER AGENT: PROPERTY DESCRIPTION 125 COVE ROAD PART LOT: 11 CONCESSION: BF TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: RS & EP HEARING DATE: 7-0ct-99 DECISION: APPROVED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH AN EASTERLY SIDE YARD SETBACK OF 2 METRES (6.56 FT) INSTEAD OF THE REQUIRED 3 METRES (9.84 FT). REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS THE APPLICATION IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. 622 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/054 ******************** APPLICANT: PRINS, ARNOLD AGENT: PROPERTY DESCRIPTION 29 WAVERLY ROAD PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 7-0ct-99 DECISION: TABLED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO PERMIT A 47 SQ M (506 SQ FT) ACCESSORY BUILDING WHICH WOULD INCREASE THE TOTAL LOT COVERAGE FOR ACCESSORY BUILDING FROM THE MAXIMUM PERMITTED 40% TO 56%. REASON FOR DECISION: THAT THE APPLICATION BE TABLED TO ALLOW THE APPLICANT TIME TO MEET THE PLANNING ACT REQUIREMENT FOR NOTICE. 623 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/055 ******************** APPLICANT: LENNY, ROBERT & MARILYN AGENT: R. L. BROOKS & ASSOC. LTD. PROPERTY DESCRIPTION 37 KINGSWOOD DRIVE PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: lOM-781 -7 ZONING: Rl HEARING DATE: 7-0ct-99 DECISION: APPROVED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO PERMIT A SECOND KITCHEN WITHIN AN EXISTING SINGLE DETACHED DWELLING REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED TO BE MINOR AND DESIRABLE. 624 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/056 ******************** APPLICANT: DEMPSEY, RICHARD & LINDA AGENT: PROPERTY DESCRIPTION 72 TRUDEAU DRIVE PART LOT: 10 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-800 -13L ZONING: R1 HEARING DATE: 7-0ct-99 DECISION: DENIED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING DECK HAVING A WESTERLY SIDE YARD SETBACK OF 0.4 M (1.29 FT) INSTEAD OF THE REQUIRED 1.2 M (3.94 FT), & PERMIT EXPANSION OF THIS DECK MAINTAINING THE SAME 0.4 M SIDE YARD SETBACK & REDUCING THE REAR YARD TO 5.8 M (19.19 FT) REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT DESIRABLE NOR DOES IT MEET THE INTENT OF THE ZONING BY-LAW. 625 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99j057 ******************** APPLICANT: MAJESTE, MICHAEL & DOROTHY AGENT: PROPERTY DESCRIPTION 30 MCLELLAN DR. PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-809 -79 ZONING: R HEARING DATE: 7-0ct-99 DECISION: APPROVED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING GAZEBO WITH AN EASTERLY SIDE YARD SETBACK OF 0.46 M (1.5 FT) & AN ACCESSORY BUILDING (SHED) WITH A 0.86 M (2.82 FT) WESTERLY SIDE YARD SETBACK, INSTEAD OF THE REQUIRED 1.2 M (3.94 FT) SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 626 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99j058 ******************** APPLICANT: SAVAGE, BRAD & ROSE AGENT: PROPERTY DESCRIPTION 79 EAST BEACH ROAD PART LOT: 9 CONCESSION: BF TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: RS2 & EP HEARING DATE: 7-0ct-99 DECISION: APPROVED APPEAL DATE: 27-0ct-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING DWELLING WITH A FRONT YARD SETBACK OF 3.5 METRES (11.48 FT), INSTEAD OF THE REQUIRED 8 METRES (26.24 FT) SETBACK. REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED IN CONFORMITY WITH THE 0 P & ZONING BY-LAW & IS DEEMED MINOR & DESIRABLE, SUBJECT TO A GEOTECHNICAL STUDY BEING DONE TO THE SATISFACTION OF CLOC, & HEALTH DEPT. APPROVAL OF HOLDING TANK INSTALLATION. 627