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Home My WebLink AboutPD-135-99 . .. .j- THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON REPORT Meeting: General Purpose and Administration Committee File# J>13('LJ Res. #&/#-557-9'1 Date: Monday, December 6, 1999 Report #: PD-135-99 FILE #: A99/048, A99/057 & A99/060 TO A99/064 By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF NOVEMBER 18, 1999 FILE NO'S.: A99/048, A99/057 & A99/060 TO A99/064 Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PD-135-99 be received; 2. THAT Council concur with the decisions of the Committee of Adjustment made on November 18, 1999 for applications A99/048, A99/057 and A99/060 to A99/064; and 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions of the Committee of Adjustment for applications A99/048, A99/057 and A99/060 to A99/064, 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 A99/048 was previously TABLED at the October 23, 1999 meeting to allow the applicant time to satisfY the requirements of the Central Lake Ontario Conservation. CLOC staff sent notification that they are satisfied and thus the application was heard at the November 18, 1999 hearing. The application was approved as applied for. 3. Application A99/057 required a new decision to be made by Committee. Although notification of the decision and appeal procedures were carried out as per the Planning Act, an interested party did not receive notification due to a misreading of the address from the sign-in sheet the person filled out at the meeting. Committee re-confirmed their approval of the application. 615 f , REPORT NO.: PD-135-99 PAGE 2 4. Application A99/060, A99/061 and A99/064 were approved as applied for. 5. Application A99/062 received approval for reduction in the northerly side yard setback for the dwelling from 4.5 metres to 4.18 metres. The application for reduction of the side yard setback for the detached garage was denied as Committee found the variance was not necessary or required for reasonable use of the property. 6. Application A99/063 was denied, as it was not in conformity with the Official Plan and Zoning By-law. 7. The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No. 1. 8. Staffhave 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 ofthe Zoning By-law and those approved are minor in nature and desirable. 9. 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. Reviewed by, Da Id . rome, M.C.I.P., R.P.P. Director of Planning & Development Q~~ Franklin Wu, M.C.I.P., R.P.P., Chief Administrative Officer SL *DJC*cc 19 November 1999 Attach. 616 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-1 & EP HEARING DATE: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-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 APPROVED AS IT IS IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 617 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/057 ******************** 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: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-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 AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR 618 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/060 ******************** APPLICANT: FRIDEL LIMITED AGENT: PROPERTY DESCRIPTION 58 BARRON COURT PART LOT: 35 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M- ZONING: Rl HEARING DATE: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH A REAR YARD SETBACK OF 6.95 M (22.8 FT), INSTEAD OF THE REQUIRED 7.5 M (24.6 FT) REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 619 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/061 ******************** APPLICANT: PETERS, DAVID AGENT: PROPERTY DESCRIPTION 61 BUSHFORD STREET PART LOT: 31 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: 40M-1744 -3L ZONING: R1 HEARING DATE: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-99 MINOR VARIANCE: TO RECOGNIZE AN EXISTING DECK HAVING AN INTERIOR SIDE YARD SETBACK OF 0 M INSTEAD OF THE REQUIRED 1.2 METRES (3.93 FT.) REASON FOR DECISION: THAT THE APPLICATION BE APPROVED AS IT IS CONSIDERED IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE. 620 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/062 ******************** APPLICANT: SCHMIDT, BARRY/EGERTON, LINDA AGENT: PROPERTY DESCRIPTION 23 DARLINGTON BLVD. PART LOT: 34 CONCESSION: 2 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: R1 & HR1 HEARING DATE: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF A DWELLING WITH A SIDE YARD SETBACK OF 4.18 M (13.71 FT), INSTEAD OF THE REQUIRED 4.5 M (14.76 FT) AND A GARAGE WITH A .61 M (2 FT) SIDE YARD, INSTEAD OF THE REQUIRED 1.2 M (3.93 FT) REASON FOR DECISION: THAT THE REDUCTION OF SIDE YARD SETBACK FOR THE PROPOSED DWELLING BE APPROVED AS IT IS MINOR & DESIRABLE, & THE REDUCTION OF SIDE YARD SETBACK FOR THE PROPOSED GARAGE BE DENIED AS IT IS NOT NECESSARY OR REQUIRED FOR REASONABLE USE OF THE PROPERTY. 621 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/063 ******************** APPLICANT: KNOX, MARJORIE AGENT: J-BEE MOTORS LTD., WAYNE BOLAHOOD PROPERTY DESCRIPTION 1648 TAUNTON ROAD PART LOT: 31 CONCESSION: 5 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: C3 HEARING DATE: 18-Nov-99 DECISION: DENIED APPEAL DATE: 8-Dec-99 MINOR VARIANCE: TO PERMIT THE SALE OR RENT OF MOTOR VEHICLES ON THE SUBJECT PROPERTY, WHERE THE ZONING DOES NOT CURRENTLY PERMIT THIS USE. NO ACCESSORY USES, SUCH AS VEHICLE REPAIR, ARE REQUESTED. REASON FOR DECISION: THAT THE APPLICATION BE DENIED AS IT IS NOT IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW. 622 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A99/064 ******************** APPLICANT: MIKO EQUIPMENT RENTALS LTD AGENT: PROPERTY DESCRIPTION 1698 BASELINE ROAD W PART LOT: 30 CONCESSION: 1 TOWNSHIP: DARLINGTON PLAN NUMBER: ZONING: M2 HEARING DATE: 18-Nov-99 DECISION: APPROVED APPEAL DATE: 8-Dec-99 MINOR VARIANCE: TO PERMIT THE CONSTRUCTION OF AN ADDITION TO AN EXISTING INDUSTRIAL BUILDING WITH A 1.5 M (4.92 FT) INTERIOR SIDE YARD SETBACK, INSTEAD OF THE REQUIRED 5 M (16.4 FT) INTERIOR SIDE YARD REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN AND ZONING BY-LAW AND IS DEEMED MINOR AND DESIRABLE, THE APPLICATION BE APPROVED AS APPLIED FOR. 623