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Home My WebLink AboutPD-6-99 . .. ON:"'PD-6-99 , THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ',,,, REPORT Meeti ng: General Purpose and Administration Committee File # 1)\3-CC Res. #6'9'A - cr-91 Date: Monday, January 4, 1999 Report #: PD-6 -99 Files #: A96/019, A98/054 & A98/056-A98/058 Inclusive By-law # Subject: MONITORING OF THE DECISIONS OF THE COMMITTEE OF ADJUSTMENT FOR THE MEETING OF DECEMBER 10, 1998 - FILES: A96/019, A98/054 & A981056-A98/058 Inclusive Recommendations: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following 1 . THAT Report PD-6-99 be received; 2. THAT Council concurs with decisions of the Committee of Adjustment made December 10, 1998 for Applications A96/019, A98/054, A98/056 to A98/058, inclusive; 3. THAT Staff be authorized to appear before the Ontario Municipal Board to defend the decisions, of the Committee of Adjustment for applications A96/019, A98/054, A98/056 and A98/057 in the event of an appeal. 1. APPLICATION DETAILS 1.1 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. 652 , REPORT NO.: PD-6-99 Page 2 , 1.2 Application A96/019 was dismissed at the applicant's request, without prejudice. The applicants have purchased a portion of closed road allowance from the Municipality, increasing the side yard of their property and no longer require the application for minor variance. 1.3 Application A98/054, was approved to increase the interior side yard setback between two linked dwellings to 1.91 metres and to recognize the existing location of a metal shed in the northerly side yard. 1.4 Application A98/056 was approved as applied for. 1.5 Application A98/057 was approved as applied for, subject to the applicant applying for and obtaining a building permit within thirty (30) days. 1.6 Melody Homes submitted Application A98/058 to reduce the exterior side yard setback to 4.83 metres to recognize the existing location of footings for a dwelling poured prior to the issuance of a building permit, was DENIED. This lot has been subject to a previous minor variance application, A95/041, which was also to reduce the exterior side yard setback. This application, originally for a reduction to 3.35 metres, was tabled, and the applicant revised the application drawings to show an exterior side yard setback of 4.7 metres. Committee denied the application at that time and their decision was not appealed. 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 hearing to give Planning evidence. 653 v , REPORT NO.: PD-6-99 . Page 3 , 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. 1.7 The purpose of each minor variance application and the Committee's decisions are detailed in Attachment No.1. 1.8 With the exception of A98/058, Staff have reviewed the Committee's decisions and are satisfied that all decisions are in conformity with the Official Plan policies, consistent with the intent of the Zoning By-law and those approved are minor in nature and desirable. 1.9 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. Respectfully submitted, Reviewed by, ()r~~~K.. Davi . rome, M.C.I.P., R.P.P., Acti ngDi rector of Planning & Development Franklin Wu, M.C.I.P., R.P.P. Chief Administrative Officer SL *DjC*jip December 17, 1998 Attach. 654 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A96/019 ******************** APPLICANT: RONALD & BEATRICE WHYTE AGENT: IRWIN A. HAMILTON PROPERTY DESCRIPTION 2 MARTIN ROAD PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: HEARING DATE: 10-Dec-98 APPEAL DATE: 30-Dec-98 DECISION: CLOSED WITHOUT PREJUDICE MINOR VARIANCE: TO RECOGNIZE AN EXISTING SIDE YARD SETBACK OF 1.097 METRES (3.6 FT.) INSTEAD OF 1.2 METRES (3.94 FT.). REASON FOR DECISION: THAT THE APPLICATION BE CLOSED WITHOUT PREJUDICE AS IT IS NO LONGER NECESSARY. bJj THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/054 ******************** APPLICANT: LAPLANTE, P. & NEWMAN, L. AGENT: LYCETT, W. KAY PROPERTY DESCRIPTION 12 WRENN BLVD. PART LOT: 14 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 10M-833 -63 ZONING: R1 HEARING DATE: 10-Dec-98 DECISION: APPROVED APPEAL DATE: 30-Dec-98 MINOR VARIANCE: TO RECOGNIZE AN INTERIOR SIDE YARD SETBACK BETWEEN TWO LINKED DWELLINGS AT 1.91 METRES (6.27 FT) INSTEAD OF THE MAXIMUM PERMITTED DISTANCE OF 1.5 METRES (4.92 FT). REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZB & IS DEEMED TO BE MINOR & DESIRABLE, THAT THE INT. SIDE YD BETWEEN THE LINKED DWELLING BE RECOG. AT 1.91 M SHED'S SIDE YD SETBACK AT 0.7 M & THE SEP DIS TO THE MAIN DWELLING AT 0 M. ( 0)0 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/056 ******************** APPLICANT: SWITZER, ELSIE D. AGENT: SUNSPACE MODULAR ENCL. PROPERTY DESCRIPTION 88 LIBERTY ST S PART LOT: 11 CONCESSION: 1 TOWNSHIP: BOWMANVILLE PLAN NUMBER: ZONING: R1 HEARING DATE: 10-Dec-98 DECISION: APPROVED APPEAL DATE: 30-Dec-98 MINOR VARIANCE: TO REDUCE THE REQ. 3 M (9.84 FT) INTERIOR SIDE YD SETBACK TO 2.4 M (7.87 FT) TO PERMIT THE CONSTR. OF A SUNROOM, & TO RECOGNIZE AN EXISTING SHED WITH A SIDE YD SETBACK OF 0.48 M (1.58 FT) & A REAR YD SETBACK OF 0.99 M (3.25 FT). REASON FOR DECISION: THAT AS THE APPL. IS CONSIDERED TO BE IN CONFORMITY WITH THE OP & ZONING BY-LAW, & IS DEEMED TO BE MINOR & DESIRABLE, THE SIDE YD. SETBACK BE REDUCED TO 2.4 M & THE EXISTING SHED BE RECOGNIZED WITH A 0.48 M SIDE YD SETBACK & A 0.99 M REAR YD SETBACK. OJ? THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/057 ******************** APPLICANT: MCKENZIE, ELFRIEDA AGENT: PROPERTY DESCRIPTION 39 MULL CRESCENT PART LOT: 32 CONCESSION: 3 TOWNSHIP: DARLINGTON PLAN NUMBER: 10M-826 -17 ZONING: R2-4 HEARING DATE: 10-Dec-98 DECISION: APPROVED APPEAL DATE: 30-Dec-98 MINOR VARIANCE: TO REDUCE THE REQUIRED REAR YARD SETBACK FROM 6 METRES (19.7 FT) TO 4.59 METRES (15.1 FT) TO RECOGNIZE AN EXISTING DECK. REASON FOR DECISION: THAT AS THE APPLICATION IS CONSIDERED TO BE IN CONFORMITY WITH THE OFFICIAL PLAN & ZONING BY-LAW, AND IS DEEMED TO BE MINOR AND DESIRABLE, THAT THE REAR YARD SETBACK BE REDUCED TO 4.59 METRES FOR THE EXISTING DECK. 0)8 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON COMMITTEE OF ADJUSTMENT PERIODIC REPORT FILE NUMBER: A98/058 ******************** APPLICANT: MELODY HOMES AGENT: G.M. SERNAS & ASSOCIATES LTD. PROPERTY DESCRIPTION 36 RICKABY STREET PART LOT: 9 CONCESSION: 2 TOWNSHIP: BOWMANVILLE PLAN NUMBER: 40M-1776 -57 ZONING: R2 HEARING DATE: 10-Dec-98 DECISION: DENIED APPEAL DATE: 30-Dec-98 MINOR VARIANCE: TO REDUCE THE EXTERIOR SIDE YARD SETBACK FROM THE REQUIRED 6 METRES (19.69 FT) TO 4.8 METRES (15.75 FT), TO RECOGNIZE THE EXISTING LOCATION OF FOOTINGS FOR A DWELLING UNDER CONSTRUCTION. REASON FOR DECISION: THAT AS THE APPLICATION IS NOT DESIRABLE AND IS FOR THE PROFIT OR GAIN OF THE DEVELOPER, THAT THE APPLICATION BE DENIED. OJ9